Last updated:

9th September 2025

Making your own decisions

When you can start making your own decisions and who can help

After the last Friday in June of Year 11, you have the right to make decisions about your education and support.

This includes decisions about your education, health and care plan (EHCP), if you have one.

You need to stay in education or training until you are 18, but you can choose the type of learning that works best for you. 

Help from parents and carers

You can make decisions on your own, or with help from a parent, carer or trusted adult.

Until you turn 18, your parents are still responsible for you. 

They can:

  • go to meetings with you
  • help you fill in forms
  • help you read and reply to letters and emails

They can also make decisions for you, if you want them to.

Help from an advocate

You can also get help from someone outside your family. This person is called an advocate. 

An advocate can:

  • help you understand your rights
  • make sure your views about your care and support are listened to at meetings

To find out more about getting an advocate you can: 

Email: childrensadvocacy@wokingham.gov.uk

Call: 07823534604 

The Mental Capacity Act 2005

This is a law that protects people aged 16 and over when it comes to making decisions. 

It says:

  • Everyone has the right to make their own decisions as much as they can, no matter what disability they have.
  • People should get the help they need to understand and make decisions. This might mean explaining things in a different way.
  • If a decision is too complicated for a person make, even with support, someone else can decide for them, but it must be in the person’s best interests.

If someone can’t make their own decisions

You can apply to be someone’s deputy if they aren’t able to make a decision when it needs to be made. 

This is called ‘lacking mental capacity’.

They might still be able to make some decisions at other times.

As their deputy, you’ll be legally allowed to make decisions for them, in their best interests.

Find out more about deputies on GOV.UK.

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