YOUNG PEOPLES' RIGHTS

"Can I - Can't I?" Guide for Young People

CAN I LEAVE HOME?

Parents have legal responsibility for their children until the age of 18. However, if you are over 16, have a job and somewhere safe to go, your parents would find it difficult to make you to stay at home. They could apply to the Court, but your views would be taken into account. If you are under 16 and your parents say you must leave home, Social Services may have to take you into care if no other solution could be found.

CAN I DECIDE WHERE TO LIVE, MY PARENTS HAVE SPLIT UP?

If your parents can't agree, either the County or Magistrates Court can decide the arrangements and make court orders. They will take into account your wishes if they feel you are old enough to understand the situation.

CAN I SEE MY FATHER EVEN THOUGH I LIVE WITH MY MOTHER?

Normally your father will be entitled to see you regularly. However, if your parents can't agree about this, your father has a right to apply to the Court, which will take into account your wishes.

CAN I BE ADOPTED?

Anyone under 18 and not married can be adopted by someone over 21 if the Social Workers and Court make an order.

CAN I FIND OUT ABOUT MY REAL PARENTS IF I AM ADOPTED?

When you reach the age of 18 you will generally have a right to see your original birth certificate and, if you wish, a meeting with a counsellor can be arranged to help you with the procedure.

CAN I CHANGE MY NAME?

Only your parents can change your name if you are under 16, but if they agree and you are between 16 and 18, you can decide. Usually your legal name is the one you are known by.

WHAT IF MY PARENTS ARE NOT MARRIED?

Your mother has parental responsibility for you, but your father can also acquire it by agreement with your mother or by Court order.

CAN I GET MARRIED?

The law does not recognise marriages in which one of the parties is under 16. Between the ages of 16 and 18 you must get permission of your parents. If they won't consent you may apply to a Court for permission.

CAN THEY STOP US LIVING TOGETHER?

If you are over 16 but under 18 you can live with your boy or girl friend, but if your parents object they could apply to the Court to prevent it.

CAN I HAVE SEX?

Heterosexuals - a female cannot be prosecuted for having "unlawful sexual intercourse" at any age. However, if the male is under 16, she could be prosecuted for indecent assault. A male, under 10, cannot be charged with "unlawful sexual intercourse" for having sex with a female under 16. However, he could be charged with indecent assault. A male, aged 10 and over can be prosecuted for having unlawful sexual intercourse if the female was under 16.

Lesbians. It is not illegal for a girl or young woman to have a lesbian relationship, but if one is under 16 her partner may be charged with indecent assault.

Gay men - It is not illegal for a young man to have a sexual relationship with another man as long as both have reached the age of 16 and both parties consent. Where one party is over 16 and the other party is under 16, the older party may be charged with committing a sexual offence. In this case, the younger party is not liable for any offence Where both parties are under 16, both parties will be committing an offence.

CAN I GET CONTRACEPTIVES?

There are no age restrictions on giving contraceptive advice and supplies. Under the age of 16 you should consult your G.P. He would not consult your parents unless he considered you were not sufficiently mature. Alternative sources of advice/supplies are the Brook Advisory Centres and Family Planning clinics.

CAN I HAVE AN ABORTION?

If you are under 16, you must normally have your parents' consent. You will also need the consent of two doctors. The Brook Advisory Centre or British Pregnancy Advisory Service can help you to decide if an abortion is possible for you. Whatever her age a young person has a right to a confidential consultation. However, a doctor can refuse to discuss the matter without informing the parents so the young person should always check first that confidentiality will be kept.

CAN I DECIDE ON MEDICAL TREATMENT?

If you are over 16 you can give independent consent to your own treatment. Under 16 you are assumed to be able to give your own consent provided you understand fully what is involved. However, you may not give blood under the age of 18. If you wish to carry a donor card to donate organs on death you would need parental consent if you are under 16.

CAN I CHOOSE WHICH SCHOOL I GO TO?

Until you are 18 your parents have the right to make all major decisions for you. They must make sure you attend school (or receive alternative satisfactory education out of school) until your legal school leaving date. Education is free if you go to a State School and your parents do have a choice. They can get details from the local Education Authority.

CAN THE POLICE STOP AND SEARCH ME?

The police can stop and question or talk to anyone at any time especially when making enquiries into an offence when it is a citizen's duty to assist. You can be searched only if the police officer has a reasonable suspicion that you are in possession of stolen or prohibited articles, for example something which is intended to be used to cause injury. If you are taken to the Police Station and are under 17, your parents or other "appropriate adult" must be informed and allowed access to you.

CAN I GET LEGAL HELP?

Young people of 16 and over can apply for legal help under the Legal Help scheme. Applications for young people below the age of 16 generally have to be made on their behalf by a parent, guardian, children's guardian or "litigation friend".

CAN I BE A WITNESS IN COURT?

Yes, if the judge thinks that you would be a "competent witness". Children under 14 can give evidence without taking the oath.

CAN I GET A JOB?

No-one under the age of 14 is allowed to work except to take part in sport, advertising, modelling or entertainment and the employer has to have a licence; or do odd jobs for parents, relatives or neighbours, or do babysitting.

Children under the minimum school leaving age can only do light work, which is not harmful and must not work:-

• During school hours on a school day
• More than 2 hours on a school day or more than 12 hours in any week they have to go to
• school
• More than 2 hours on a Sunday
• More than 8 hours (5 hours if under 15) on a day that is not a school day or a Sunday
• Before 7am or after 7pm
• More than 35 hours (25 if under 15) in any week they do not have to go to school
• More than 4 hours in any day without a break for 1 hour
• And must have 2 consecutive weeks each year without working during the school holidays

An employer has to get a permit from the local authority that must be signed by the parent.

CAN I BABYSIT?

A child or young person can babysit at any age, whether paid or not. There is no legal restriction on the age of the child being looked after. However, if the child is thought to be at risk because s/he is inadequately supervised, criminal proceedings could be taken against the parent(s) or care proceedings could be taken in respect of the child. For example, if a child is injured whilst in the care of a babysitter under 16 and the baby's parents want to take action against the babysitter, the parents would have to show it was reasonable for them to have left the child with the babysitter.

A babysitter over the age of 16 can be charged with a criminal offence if s/he wilfully assaults, ill treats or abandons a child left in her/his care.

DO I HAVE TO PAY TAX AND NATIONAL INSURANCE?

When you have earned over a certain amount each tax year (called the personal allowance) you should pay tax. Usually this is deducted from your wages. If you are over 16 and are paid more than the "lower earnings limit" in any week, you will have to pay N.I. contributions. A young person who stays on at school at 16 will be given starting credits to help her/him get benefits in the longer term. Anyone under 18 will not have to pay Council Tax.

CAN I CLAIM ANY BENEFITS?

Some benefits depend on your National Insurance contributions record. If you have just left school you will not have paid enough contributions to qualify. If you are at work and off sick, your employer should be paying you Statutory Sick Pay.

16 or 17 year olds cannot usually claim income-based Job Seekers Allowance. However, you may still be able to claim on the grounds of severe hardship. You must be registered for work and/or training at the Careers service, be available for work, actively seeking employment or training and have entered into a Job Seekers agreement. You must have insufficient income to live on, and have no friends or relatives to support you. You may be entitled to Housing Benefit. You can also get Income Support. if you are sick as long as you submit sick notes and are considered incapacitated for work. Income Support is also payable to 16-17 year olds who are lone parents.

CAN I BUY SOMETHING ON HP?

Usually a person under 18 cannot get credit unless an older person stands guarantee and promises to pay if the person under 18 does not. If you are tempted to buy on HP or credit read the contract carefully first, check the APR - the figure you will have to pay in interest; see how many months it is for, and most important, think before you buy and shop around for the best credit terms.

CAN I MAKE A CONTRACT

A young person under 18 cannot normally make a legally enforceable contract. The exceptions are:

• Necessary services such as medical or legal
• The purchase of "necessaries" which are defined as goods suitable for a minor, for example food and clothing
• Contracts for apprenticeship, employment and training.

A contract is a legally enforceable agreement to which both parties are committed. The basic elements are:

• Offer
• Acceptance
• Consideration (usually money)
• Intention
• Capacity (not - under 18 except for a "necessary"; of unsound mind; people with learning difficulties; or under the influence of drugs and alcohol)
• Legality (not illegal drugs; surrogacy; betting and gaming contracts, although prizes for lawful games, such as the National Lottery, must be given; or a contract which discriminates on the grounds of race, sex or disability).

All these elements have to be in place for the contract to be legally binding. If one cancels when there is no legal right to do so there will be a breach of contract and a liability for damages. Verbal contracts (except for credit and land) are as binding as written ones but may be difficult to prove.

CAN I GET MY MONEY BACK?

The Sale & Supply of Goods Act 1994 states that goods must match their description and be of satisfactory quality. If goods are faulty it is important to tell the trader as soon as possible and within a reasonable time (a matter of days rather than weeks). You should reject the goods and ask for a refund or you may be able to get an exchange if you prefer. You are not entitled to a refund or an exchange if you simply change your mind.

CAN I HAVE A BANK ACCOUNT?

Anyone can open a bank account but some banks will not allow under 18's to have a current account and issue cheques. Anyone over 15 can have a Post Office Giro account. A Post Office Savings account can be opened in a child's name, but money cannot be drawn out until at least the 7th birthday of the child.

CAN I BUY ALCOHOL?

It is an offence to give alcohol to someone under five, unless it is given as a medicine. Between 5 and 16 you can drink alcohol on private premises. A 14 or 15 year old, can go into a pub but cannot drink alcohol there. At 16 or 17, you can drink wine, beer or cider (but not spirits) with a meal in a pub or restaurant. You cannot buy alcohol in a pub, shop or restaurant until you are over 18.

If the police suspect that a young person under 18 is in possession of alcohol in a public place or in a place to which they have gained access unlawfully they can confiscate the alcohol or what they believe to be alcohol. The police can also confiscate alcohol from someone over 18 if they suspect the alcohol has been drunk by, or is intended to be drunk by, someone under 18 and they can arrest someone who does not allow them to confiscate anything they believe to be alcohol.

CAN I SMOKE?

There is no law which prevents a person, however young, from smoking cigarettes in private. However, cigarettes, tobacco or cigarette papers must not be sold to someone under 16.

CAN I BE TATTOOED?

It is illegal to tattoo someone under 18, except for medical reasons by a qualified medical practitioner.

CAN I BUY FIREWORKS?

It is an offence to sell fireworks to anybody under the age of 18.

CAN I GAMBLE?

You are not allowed to gamble or work in betting shops and clubs until you are 18, and are not allowed to go into a betting shop or gambling club at all. Adults are not allowed to place a bet for someone under 18. You can enter a bingo club if you are under 18 but you cannot play a game. However, you are allowed to play bingo for prizes - not for cash - at fairs and in amusement arcades.

CAN I DRIVE?

You need a driving licence for most kinds of vehicles, and the rules about licences vary. At 14 you may drive an electrically assisted pedal cycle; at 16 you may drive a moped, an invalid carriage, a small tractor or mowing machine; at 17 you can drive a car and motorcycle; at 18 you may drive a light goods vehicle; at 21 you may drive a heavy goods vehicle or a large passenger vehicle.

No driver can be authorised to supervise a learner until they are 21.

CAN I HAVE MY EARS PIERCED?

There are no regulations about ear or nose piercing for young people, but establishments may operate informal guidelines concerning parental consent.

CAN I BUY A GUN?

Anyone who possesses a gun or ammunition must have a certificate for them from the police, and the police must not issue a certificate to someone under 14. However, if you are under 14 you may use firearms under some situations, for example as a member of a shooting club, or if you are supervised by someone over 21. People between 14 and 17 may not buy an airgun but may be lent one, but if you are under 15 you can only use one if supervised by someone over 21. If you are over 17 you can buy or hire a firearm and apply for a licence for it. Under 18 you may use a firearm or shotgun for only limited authorised purposes.

CAN I FLY?

You may fly a glider at 16 and hold a private air pilot's licence at 17 or a commercial pilot's licence at 18.

CAN I GO TO THE CINEMA?

Every film is issued with a certificate which controls which age group can watch the film. The categories are: U - suitable for all ages; PG - parental guidance is needed as some scenes may be unsuitable for young people; 12 - no one under the age of 12 will be allowed in; 15 - no one under 15 will be allowed in; 18 no one under 18 will be allowed in. The manager of the cinema can decide whom to allow in, and usually children under 5 outside London and under 7 in London are not allowed into a cinema without an adult.

CAN I VOTE?

Nobody under 18 is allowed to vote. You cannot be a candidate in local, parliamentary or European elections until you are 21.

CAN I RENT OR OWN A HOME?

There is no legal reason why someone under 18 should not rent a home, but in practice most landlords and councils would want someone to act as a guarantor. A person under 18 cannot own a home, but property can be held in trust until the person's 18th birthday. There is no point therefore in applying for a mortgage before you are 18, and even then you will need to have a reasonable income as well as money for a deposit.

CAN I GET A PASSPORT?

Under the age of 18 you need the consent of a parent or guardian to have a passport in your own name unless you are married or a member of the armed forces.

CAN I MAKE A WILL?

Young persons under 18 may not make a valid will unless they are in the Armed Forces, Services or actual Military or are Seamen. A young person cannot act as Trustee, Executor or Administrator of a will but can appoint a guardian to act on her/his behalf.

CAN I BE ARRESTED?

A child under 10 is not considered, in law, to be capable of deciding what is a wrong action or a right one and, therefore, cannot be charged by the police for a criminal offence. A child aged 10 but under 14 years is considered to be responsible for a criminal offence in the same way as any other young person under 18.

HOW CAN I PROVE MY AGE?

Citizens Card

A child over the age of 12 can get a card from CitizenCard to prove s/he is old enough to obtain particular goods and services. If under 18, parental consent will be needed. A form will have to be completed, a fee paid and 2 passport sized photographs together with a statement from a qualified person confirming the age and that the photographs are a true likeness. Application forms are available from various places, such as supermarkets or from the address below.

CitizenCard
PO Box 1221
Newcastle-under-Lyme ST5 1UF
Tel: 0870 240 1221 E-Mail: infor@citizencard.net
Fax: 01782 741960 Website: http://www.citizencard.net