Advocacy

The Care Act says that local councils must provide independent advocacy from April 2015. This means that advocacy is independent of the council.

Independent advocacy is about giving people as much control as possible in their lives. It helps people understand information, say what they want and what they need and get the services they need. Independent Advocacy should help a person:

• Understand the process;
• Communicate their wishes, views and feelings;
• Make decisions;
• Challenge decisions made by the local authority if the person wishes to;
• Understand their rights; and
• When appropriate, support and represent them in the safeguarding process

From April 2015 councils must involve people in assessments about their care and support and in planning and checking their care and support. Councils must think about if a person needs independent advocacy to support them to be involved in things such as:

• an adult’s needs assessment
• a carer’s assessment
• the preparation of an adult’s care and support plan or support plan
• a review of an adult’s care and support plan or support plan
• a child’s needs assessment as they transition towards adult care
• a child’s carer’s assessment (therefore some people below 16 years of age)
• a young carer’s assessment
• a safeguarding enquiry or safeguarding adults review

When the council is involving the person in any of the above they must think about whether the person would have substantial difficulty in:

• Understanding information
• Remembering information
• Using information
• Communicating their views, wishes and feelings

If the council thinks any of the above would be substantially difficult for the person they must ensure that there is someone to support them.

The council will first look at whether there is a family member of friend who can help them; this person is called an appropriate individual. An appropriate person cannot be someone who is already providing care and support in a professional or paid way.

If not, the council must arrange an independent advocate to support them. Where an independent advocate is provided the council must still consult with those friends or family members when the person asks them to.