Capacity

The Additional Learning Needs and Education Tribunal (Wales) Act says that children who do not have the capacity to understand:

• information or documents that must be given to them in relation to their ALN; or
• what it means to use the rights provided to them under the ALN system

do not have capacity for the purposes of the Act.

The definition for young people, and parents of children ‘lacking capacity’ in the additional learning needs (ALN) system has the same meaning as ‘lacking capacity’ in the Mental Capacity Act 2005. It means a person who lacks the capacity to make a particular decision or take a particular action for themselves at the time the decision or action needs to be taken.

Please see our guidance booklets below for more information.

Guidance booklets

• Children who lack capacity, and case friends. This guidance booklet provides further information about the rights of children who lack capacity, and guidance for case friends who can support them. (Children who lack capacity, and case friends – ETW9)
• Young people, or parents of children, who lack capacity. This guidance booklet provides more information about the rights of young people and parents of children who lack capacity, and who can represent them. (Young people, or parents of children, who lack capacity – ETW10)

Forms

• Declaration of capacity application form. You can apply to the Tribunal for a declaration of capacity. This is a decision by the Tribunal that confirms a child does or does not have capacity. (Declaration of capacity application form - ETW11)
• Case friend application form. This form is for people who which to act as case friends for children who lack capacity. (Case friend application form – ETW13)