We call on the Government to review and amend current legislation and guidance to ensure that parents and carers can continue to advocate for vulnerable young adults (aged 18+) where there are concerns about capacity, particularly during periods of mental health crisis or for those with neurodevelopmental conditions.

At present, when a young person turns 18, parents and carers are often excluded from involvement in decision-making, even where the individual is struggling to understand, retain, or communicate information.

This creates a dangerous gap in support.

Many neurodiverse young people — including those with autism, ADHD, and mental health conditions — have hidden disabilities that significantly impact their functioning, particularly under stress or crisis. Despite this, families are frequently told “this is just the way it is”, and are prevented from advocating for their loved one.

While the Mental Capacity Act 2005 exists to protect individuals who lack capacity, in practice it is inconsistently applied, and families are too often excluded rather than involved in best interest decisions.

We believe:

Turning 18 should not remove vital safeguarding and advocacy

Families should be appropriately involved where capacity is in question

Professionals must better recognise hidden disabilities

Guidance and law should reflect real-life needs, not rigid thresholds

We ask the Government to:

Strengthen guidance and enforcement of the Mental Capacity Act

Introduce clearer rights for family advocacy where capacity is impaired

Ensure professionals are trained to recognise hidden disabilities

Prevent vulnerable young adults from being left without support at a critical transition point