Care Act Advocacy

Who can refer for a Care Act Advocate?

Only a Local Authority worker or NHS representative can refer for a Care Act advocate. This is because they have a legal duty [under the Care Act 2014] to instruct independent advocates when they identify someone as having a substantial difficult being involved in the statutory process they, or another statutory body are undertaking; furthermore, they are responsible for identifying if there is anyone (family, close fiends, etc.) who can independently support the person’s ‘meaningful involvement’.

When can you refer for a Care Act Advocate?

A Care Act advocate can be instructed if the following criteria are ALL met:

  1. The person has ‘substantial difficulty’ being involved, and,
  2. the person has no-one ‘appropriate’ to facilitate their involvement, and,
  3. the person meets the threshold for adult social care services, and,
  4. the person has given their consent to making an advocacy referral

What processes do we support people with?

The statutory processes which we provide Care Act advocates for are:

  • Social Care - Assessment of Need’s (care assessments)
  • Social Care - Review of Need’s (care review)
  • Social Care - Independence Planning (care planning)
  • Social Care - Carers Assessment
  • Social Care – Safeguarding
  • Social Care - Complaints
  • Health & Social Care - Planning
  • Health & Social Care - Safeguarding involvement

What we can do?

  • We can support people to engage meaningfully in the statutory process
  • We can promote independence and support people to take control
  • We can ensure inclusion and reduce the impact of disability or inability
  • We can use a range of skills and resources to help people engage meaningfully
  • We can spend time with the person to evidence their wants, wishes, values and beliefs
  • We can voice peoples wishes and make representation/s on their behalf
  • We can work under the consent of the person

What we cannot do?

  • We cannot work in people’s best interests if they meet the criteria for an IMCA
  • We cannot make decisions on people’s behalf
  • We cannot support people in matters which do not relate to our involvement
  • We cannot continue to provide support to a person once the statutory process has been completed

What happens next?

Our Care Act advocates will end their involvement once the statutory process has been completed. We will ensure the person understands this when we become involved as to not set unrealistic expectations of continued support (which is not a statutory right).

If you are interested in finding out more about our Care Act advocates, please contact us.

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