Care Act Advocacy

What is Care Act Advocacy

The Care Act 2014 introduced that decisions about people’s care must consider their well-being and what is important to them so that they can stay healthy and independent. To do this, it is important for people to be fully involved in decisions about their own care and support needs. Where it would be difficult for someone to be involved, local authorities have a responsibility to make sure that the person has independent support to help them. An independent Care Act advocate can provide that help and support.

An advocate can help the person to understand the process, their rights and what is happening, think about the choices they might have and what decisions they would like to make, help them to communicate their views and feelings to others and challenge decisions if the person wants them to.

Who can have a Care Act advocate?

A person has a right to an advocate if they are:

  • an adult who needs care and support

  • a carer

  • a young person who is about to start using adult services

AND

if they find it very hard to:

  • Understand what is happening and the choices that they have

  • Decide what care and support they need

  • Tell people what they want

AND

They do not have any family or friends who are willing and able to support them.

When can a Care Act advocate support someone?

A person has a right to an advocate if the local authority is making decisions about their care and support in one of the following ways:

  • Doing a needs assessment (including carers’ assessments)

  • Making or reviewing a support plan

  • Conducting a safeguarding enquiry

Who can refer?

Referrals for the Care Act advocacy service must be made by the local authority. Referrals directly from the person, their relatives or another third party agency cannot be accepted.

More information for professionals can be found here:

Care Act Information for Professionals