The Act requires local authorities to involve people in assessments, care and support planning, and reviews. In order to facilitate the involvement of people who would otherwise have difficulty, it introduces a new requirement to arrange independent advocacy for people who either have substantial difficulty in being involved in these processes or in being fully involved in these processes, and there is no one available to act on the person’s behalf.

Seamless advocacy

 

It is vital that health & social care professionals and advocates work together so that people eligible for independent advocacy receive the person centred support they need with the least amount of disruption. In some cases, this will mean that there could be several advocacy providers delivering different independent statutory and non-statutory advocacy services. Those referring individuals to care act advocacy will need to be aware of this and know who to refer to.   There will be lots of cross over work between care act advocacy and mental capacity advocacy so please take time to ensure you make the correct referral so that the person who requires advocacy support has a seamless experience. To help with this please click on the questions below.

 

Needs and Eligibility FAQs

 

So what is a substantial difficulty ?

 

How  do you ensure assessments are appropriate and proportianate ?

 

 

When does the advocacy duty apply and what is the advocates role?

 

The advocacy duty will apply from the point of first contact with the local authority and at any subsequent stage of the assessment, planning, care review, safeguarding enquiry or safeguarding adult review. If it appears to the authority that a person has care and support needs, then a judgement must be made as to whether that person has substantial difficulty in being involved. If they do, is there an appropriate individual to support them? An independent advocate must be appointed to support and represent the person for the purpose of assisting their involvement if these two conditions are met and if the individual is required to take part in one or more of the following processes described in the Care Act:

 

• a needs assessment

• a carer’s assessment

• the preparation of a care and support or support plan

• a review of a care and support or support plan

• a safeguarding enquiry

• a safeguarding adult review

• an appeal against a local authority decision under Part 1 of the Care Act (subject to further consultation).

 

The role of  the Advocate

 

Advocates will work with people to support their active involvement and desision making in their care & support process. The  advocate will also :

• Support the person to understand the care and support processes and options available to them

• Support the person to prepare for their care assessment, meetings or safeguarding enquiries

• Make sure that the person feels able to give their views and wishes about their care and support needs

• Support with the person so that they are able to make their own decisions

• Support the person, and represent them when appropriate, to challenge decisions made if it is felt that they have not taken into account the person's views, wishes and feelings

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Care Act resources

 

To support what is a new and exciting time for advocacy and to help to embed new duties, roles and responsbilities under the Care Act, we have collated a range of resources that provides information and guidance for both professionals and advocacy service users.  If you have any resources you would like to see added to the page please contact us.  To visit our Care Act resources page please click on this link.