2. Capacity — Level 2, not a law degree

Five principles (England and Wales MCA, paraphrased)

1. Assume capacity.
2. Support the person to decide.
3. An unwise decision is not, by itself, lack of capacity.
4. Acts for someone who lacks capacity must be in their best interests.
5. Choose the less restrictive option.

Capacity is decision-specific. You are not expected to run every formal assessment that a best-interests meeting would run — you are expected to notice when capacity is in doubt, support communication, and involve the lead, and where needed an IMCA or attorney.

Consent to share

If the person has capacity, seek consent to share. If they refuse, you may still share if others are at risk, a child is involved, a serious crime, or they cannot protect themselves. Record why.

Under 16

The MCA does not apply under 16. Competence (Gillick) may allow a young person to consent. Safeguarding the child still comes first if they are at risk.