The Care Act 2014 introduces the role of the Independent Advocate.
The advocacy duty will apply from the point of first contact with the local authority and at any subsequent stage of the assessment, planning, care review, safeguarding enquiry or safeguarding adult review. If it appears to the local authority that a person has care and support needs, then a judgement must be made as to whether that person has substantial difficulty in being involved and if there is an appropriate individual to support them.
An independent advocate must be appointed to support and represent the person for the purpose of assisting their involvement if these two conditions (in bold above) are met and if the individual is required to take part in one or more of the following processes described in the Care Act:
- a needs assessment
- a carer’s assessment
- the preparation of a care and support or support plan
- a review of a care and support or support plan
- a child’s needs assessment
- a child’s carer’s assessment
- a young carer’s assessment
- a safeguarding enquiry
- a safeguarding adult review
- an appeal against a local authority decision under Part 1 of the Care Act
Care Act Statutory Guidance
SCIE: Care Act 2014: Commissioning independent advocacy (Version 1)
Skills for Care:
Free materials to support Care Act implementation here
VoiceAbility
Resources section for the Care Act on their website
