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Independent Advocacy: Care Act 2014

Carl Evans 2 February 2015

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Care Act 2014

• The Care Act says that local councils must provide independent advocacy from April 2015 to support their involvement in care and support assessment, planning, review and for safeguarding.

• Regulations & Statutory Guidance explain in more detail what councils must do and how it should work

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When should a person be offered advocacy

To support a person’s involvement

•Care and support needs assessment

•Cares support assessment

•Children who are moving to adult services

•Development of a care and support plans

•A child’s carer’s assessment

•A young carer’s assessment

•Safeguarding enquiry or safeguarding adult review board

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Is this for everyone?

If a person would find it very difficult (substantial difficulty) to:

• understand information about their care and support• remember information• use the information • communicate their views or feelings

AND

• there is no family member or a friend who can help them take part. This person is called “an appropriate individual” in the Act.

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Who can be an ‘appropriate individual?

• It must be someone the person wants to support them.

• It cannot be someone who is already providing care to the person as a professional or who is paid to do this.

• the appropriate individual must be capable of supporting the person and to facilitate their involvement in the processes

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An exception

• Even if the person already has someone to support the, the council should provide an independent advocate if they think it would be helpful.

• If a person will be in a NHS hospital (this includes places like assessment and treatment units) for 28 days or more

• or a care home for eight weeks or more,

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How does the Care Act fit with existing rights to advocacy?

• The Care Act does not change the rights people already have under the Mental Capacity Act and the Mental Health Act

• How the different laws are applied to support a person will be of great importance.

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Advocacy under the Care Act – will it make a difference?

The Care Act will provide a right to independent advocacy for more people. Those people who are:

• living in the community

• in residential care

• inpatients in hospitals

• in assessment and treatment units

when their care and support needs or plans are being looked at.

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What can I do?

• Help make sure people using services, family members, friends, carers and professionals know about the new rules about independent advocacy in the Care Act.

• Point out to the council and NHS services those people who may have a right to an advocate when they have a care and support assessment, plan or review.

• Support training for staff on the Care Act and independent advocacy.

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I would like to know more

• Care Act 2014

• Independent Advocacy Regulations

• Care Act impact assessment

• Statutory Guidance

• The Care Act; Easy Read version

• Practice guidance for commissioners

• Implementation guidance

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Links to on-line information