Main definitions
3AF1Children: assessment of capacity, etc.
1
Subsection (3) applies where, under a provision of this Act—
a
a child who has attained the age of 12 years may do something only if an education authority is satisfied that the child has capacity in relation to the thing,
b
an education authority may or must do something in relation to such a child only if the authority is satisfied that the child has capacity for the thing to be done in relation to the child,
c
a child may do something in relation to an education authority only if the authority is satisfied that the child does not lack capacity in relation to the thing, or
d
an education authority may or must do something in relation to a child only if the authority is satisfied that the child does not lack capacity in relation to the thing.
2
Before a child does a thing as mentioned in subsection (1)(a) or (c), the child must notify the education authority that he or she proposes to do the thing.
3
Before the child or (as the case may be) education authority does the thing, the education authority must—
a
carry out an assessment of the capacity of the child to do the thing, or have the thing done in relation to the child, and
b
consider whether it would adversely affect the wellbeing of the child to do the thing or have the thing done in relation to the child.
4
Subsection (5) applies where an education authority, having complied with its duties under subsection (3), is satisfied that—
a
the child lacks capacity to do the thing or have the thing done in relation to the child, or
b
it would adversely affect the wellbeing of the child to do the thing or have the thing done in relation to the child.
5
The child or (as the case may be) education authority may not do the thing in question.
6
Where an education authority is notified by a child under subsection (2) that the child proposes to do the thing mentioned in that subsection, the education authority must—
a
notify the child's parents that the authority intends to—
i
carry out an assessment of the child's capacity to do the thing, and
ii
consider whether it would adversely affect the wellbeing of the child to do the thing, and
b
notify the child and the child's parents of—
i
the result of the assessment, and
ii
the authority's determination as to whether it would adversely affect the wellbeing of the child to do the thing.