Guidance on assessing capacity and considering wellbeing: analysis of consultation responses

Chapter 4 Consideration of adverse impact on wellbeing

Respondents were asked Is the information provided in Chapter 4 appropriate.

They also had the opportunity to suggest potential improvements.

Results

The responses on this chapter were more finely balanced, with a slight preference towards the chapter being appropriate. The positive responses regarding this chapter included (e.g. "The clarity here on the assessment process is helpful."), although as the results suggest the feedback suggested that there were areas within this chapter that required clarification. One of the themes in responses relating to this chapter concerned requests for clarification on the consideration of wellbeing. As a result the following was added to this chapter:

Information added to clarify the consideration of Wellbeing

• Information which was originally in Chapter 6 (Key Principles of Assessment ) about assessing using a wide variety of sources for both the assessment of capacity and consideration of wellbeing was added to this chapter. Also taken from Chapter 6 and added to this chapter was, 'Assessment in health and wellbeing should also link with other areas of the curriculum, within and beyond the classroom, offering children and young people opportunities to apply their knowledge and skills in more complex, demanding or unfamiliar learning or social contexts.'
• That it is expected that education authorities' consideration will be informed by the knowledge and experiences of the child which is known by those who work most closely with them. This will allow a range of perspectives and information to be taken into account in reaching a rounded, evidence based, decision about any potential adverse impact to the child's wellbeing as a result of using a particular right.
• A weblink has been included to where further information can be found on the wellbeing indicators.

Other actions taken as a result of comments included:

• It has been added to this chapter that parents should be involved and informed as part of the assessment of capacity and consideration of wellbeing, with a signpost to Chapter 7 (Working with Children and Families) of the Supporting Children's Learning Code of Practice. This was based on comments relating to parental involvement in the process.
• As requested, the purpose of the flowchart outlining the assessment process for the assessment of capacity and consideration of wellbeing was clarified, adding that this flowchart sets out the process when a child wants to exercise a right.
• The flowchart has also been amended to clarify that both an assessment of capacity and consideration of wellbeing need to be carried out, when a child requests to exercise a right.
• Information was added to this chapter on what parents/ children can do if they disagree with the outcome of the consideration of wellbeing, in that they may refer this to the Tribunal. (This was also added to Chapter 3, Assessment of Capacity.)