Advocacy & The Law

Care Act 2014

The Care Act supersedes a range of previous laws surrounding people’s rights and adult social care, it is underpinned by the ‘wellbeing’ principal and focuses on ‘person centred’ decisions. It gives a legal right to advocacy support for people who are considered to have ‘substantial difficulty’ when involved in a ‘statutory process’ by adult social care or health services.

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Mental Capacity Act 2005 [MCA]

The Mental Capacity Act provides a legal basis which underpins all work undertaken with people who lack ‘mental capacity’ and it sets out the requirements for assessing mental capacity. The Act provides principals which all people need to consider when working with someone who does/may lack capacity, and the requirements for making decisions in peoples ‘best interest’s’.

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Mental Health Act 1983 [MHA]

The Mental Health Act provides a legal framework regarding an individual’s rights following a ‘detention in hospital’, who are deemed to have a mental disorder. Different sections under the Act have differing regulations. If you feel you have been unlawfully detained or wish to ‘appeal’ your section, you are able to do this. Certain sections of the Act give a legal provision and statutory right for advocacy support.

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The Human Rights Act 1998

Human Rights protect everyone’s basic rights in Law; regardless of race, gender, age or disability. The Human Rights Act was ratified from the European Convention of Human Rights, as such Human Rights are protected by European as well as British Law.

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