The Care Act 2014 requires the Local Authority to ensure that people who are eligible to receive care and support are actively involved in making decisions about their care.
The local authority MUST appoint an independent advocate to support the each person IF the person would have substantial difficulty in engaging with the local authority care and support processes, AND there isn’t an appropriate individual to support them.
This includes:
- An assessment of needs
- Preparation of a care and support plan
- A review of the care and support plan
- Safeguarding
- Carers assessment.
What Does ‘Substantial Difficulty’ Mean?
Substantial difficulty’ means that, without support, the person would find it difficult to do one or more of these:
- understand relevant information
- retain that information
- use or weigh up that information
- communicate their wishes and views
Who is an appropriate individual?
Local authorities must consider whether there is an appropriate individual who can support the person to be involved in the care and support process, and this includes four specific considerations:
An ‘appropriate individual’ CANNOT be someone:
- already providing care or treatment to the person in a professional capacity or on a paid basis
- the person does not want to support them
- who is unlikely to be able to, or available to, adequately support the person’s involvement
- implicated in an enquiry into abuse or neglect or who has been judged by a safeguarding adult review to have failed to prevent abuse or neglect.
It is unlawful not to provide an advocate for someone who is eligible for advocacy.
What is the role of a Care Act Advocate?
A care act Advocate’s will provide support to help the person to:
- Understand the process
- Communicate their wishes, views and feelings
- Make decisions
- Challenge those made by the local authority if the person wishes
- Understand their rights
The Impact of Advocacy
‘Can I thank you again for the amazing work you have done enabling P to have a voice in his review, although he was not able to be part of the meeting, he has been enabled to make his wishes clear.’ – Social Worker
Need Care Act Advocacy Services?
We offer statutory advocacy for adults with learning disabilities or cognitive difficulties in South and West Devon.