Independent Care Act Advocacy

The Care Act says that local councils must involve people in decisions about care and support needs. If it would be difficult for someone to be involved with decisions about care and support needs, without support, the council must make sure they get the help they need.

If a person doesn’t have someone who can help them, they have the right to have an independent Care Act advocate.

Care Act advocates can support:

• Adults who need care and support
• Carers
• Children who are moving to adult care services

If the council is making decisions about care and support, they must consider whether someone would have ‘substantial difficulty’ being involved with these decisions. Substantial difficulty would be if someone has problems with one or more of the following:

• Understanding information about the decisions
• Remembering information
• Using the information to be involved in the decisions
• Being able to tell people your views, wishes and feeling

The council then has to consider whether the person has an ‘appropriate individual’ to support them. This is someone who the council agrees will be available and able to support them. It can be someone in their family or a friend but will never be someone the person doesn't want to support them. It can’t be someone who is paid to look after them.

If the council decide that someone would have substantial difficulty being involved with decisions and does not have an appropriate individual to support them, then they have the right to a Care Act advocate.

An advocate supports the person they are helping to be involved as much as possible in decisions about their care. Advocates can help you when the council is:

• Making a needs assessment
• Making a carer’s assessment
• Making or reviewing a care and support plan
• Having a safeguarding enquiry (to check if you might be being abused) or arranging for a safeguarding adults review

The advocate will work with the individual to help them understand what is happening and to give them guidance; they can speak on their behalf if they are unable to.

Your advocate can help them to think about their choices and what is best for them. If they want to challenge the council’s decision, the advocate can help them do this.