A child or young person may have capacity to make decisions about their own mental health treatment, without the assistance of others. However, support from others should be actively encouraged, and capacity may also be achieved with support from others in understanding information relevant to the proposed treatment.
Who are the persons assisting the child or young person during this capacity assessment? (please write ‘nil’ if no-one else present or contact made through text or call)
Before forming this view, you should ensure that every effort has been made to encourage and support the child or young person to be able to make their own decision.
Consider the following ways to enhance capacity:
• Providing all relevant information for the decision in a way the person understands. This may include written, pictorial, verbal and other means.
• If the choice is between alternatives, do they have the information on the different options? Are the choices clear, or have they been presented in a way that might be confusing? Are the same options being presented each time, or are different options being given?
• Impact of the environment on decision making, e.g. noise, distractions, interruptions, trauma triggers. Can the person be made to feel more at ease?
• Have cultural and religious needs been recognised and taken into account in providing information and choices, e.g. setting, appropriate support people, adapting to beliefs and customs.
• Have communication needs been adequately addressed, e.g. use of interpreters, written information in the person’s preferred language, use of plain English, no jargon, use of visual aids?
• Timing – can the person be given time to consider their options? Can the decision be delayed until a time when the person can make a decision? Is there a time of day that is better for the person to take in and retain information?
• Can a family member, friend, carer or advocate help the person to make a choice or express a view?
• Does the person feel that they are able to give their decision freely and voluntarily? Consider the language used, the setting, the influence of others, and other factors that may be perceived as coercive.