15.1 The Independent Care Act Advocate’s role is to at all times promote the person’s wellbeing, facilitate the person’s involvement and to support them to express their wishes and feelings, weigh up their options and make their own decisions. Where necessary, the Independent Care Act Advocate will represent the person to ensure that their rights are secured.
Independent Care Act Advocates are expected to:
- meet the person being represented in private wherever possible
- with the person’s consent, consult people who can provide relevant information including about the person’s wishes, beliefs and values, for example the person’s GP, nurse, care or other professionals, carers, family and friends. Where the person does not have capacity or is not competent to consent, advocates may still consult other people where they are satisfied that this is in the person’s best interests
- help the person they are representing to:
- understand the council process they are involved in
- understand the council’s processes and duties
- understand their own rights and responsibilities
- understand their care and support options and make decisions about how they wish their needs to be met
- communicate their views, wishes and feelings
- challenge council decisions if the person wishes to do so
- help someone involved in safeguarding processes to:
- decide what outcomes/changes they want
- understand when other people’s behaviours may be abusive or neglectful
- understand when their own actions may expose them to avoidable abuse or neglect
- understand what actions they can take to protect themselves
- understand what advice and help they can expect from others, including the criminal justice system
- understand that parts of the process are completely or partially within their control
- explain what help they want to avoid a recurrence and to recover from the experience
- represent and advocate for people who cannot do this for themselves even with support. The advocate must communicate the person’s views, wishes or feelings and take whatever actions are necessary to ensure that their rights are upheld. Advocates may have to challenge council decisions (see paragraph 17.4) in some circumstances.
