ADVOCACY Correct as at March 2015 WHAT IS ADVOCACY Advocacy in all its forms seeks to ensure that people particularly those who are most vulnerable in society are able to Have their voice heard on issues that are important to them ID: 161302
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CARE ACT SEMINAR
ADVOCACY
Correct as at March 2015Slide2
WHAT IS ADVOCACY?
Advocacy in all its forms seeks to ensure that people, particularly those who are most vulnerable in society, are able
to:
Have their voice heard on issues that are important to them.Defend and safeguard their rights.Have their views and wishes genuinely considered when decisions are being made about their lives.Advocacy is a process of supporting and enabling people to:Express their views and concerns.Access information and services.Defend and promote their rights and responsibilities.Explore choices and optionsSlide3
ADVOCACY FOR ADULTS IN NEL
Independent Mental Health Advocacy (IMHA)
Specific to Mental Health Act
Independent Mental Capacity Advocacy (IMCA)Specific to Mental Capacity ActGeneric AdvocacySupporting people to have a say in decisionsCloverleaf AdvocacyRethinkSlide4
TYPES OF ADVOCACY
Self advocacy
Group
advocacyPeer advocacyCitizen advocacyProfessional advocacyNon-instructed advocacySlide5
INDEPENDENT ADVOCACY UNDER THE CARE ACT DUTY TO INVOLVE
Local authorities must involve people in decisions made about them and their care and support
.
No matter how complex a person’s needs, local authorities are required to:-help people express their wishes and feelingssupport them in weighing up their options, and assist them in making their own decisions.Slide6
WHEN DOES ADVOCACY DUTY APPLY?
a needs assessment
a carer’s assessment
the preparation of a care and support or support plana review of a care and support or support plana child’s needs assessmenta child’s carer’s assessmenta young carer’s assessmenta safeguarding enquirya safeguarding adult reviewan appeal against a local authority decision under Part 1 of the Care Act (subject to further consultation)First point of contact, and every stage – Assessment, Planning, Care ReviewSlide7
DECISION PATH AT POINT OF CONTACT
Does Person have Care Needs?
Does Person have Substantial Difficulty being involved?
Is there an appropriate individual to support?
Appoint an Independent Advocate
Carry on with next part of the process
Yes
No
Yes
No
No
YesSlide8
JUDGING SUBSTANTIAL DIFFICULTY
Understanding Relevant Information
Many people can be supported to understand relevant information, if it is presented appropriately and if time is taken to explain it. Some people, however, will not be able to understand relevant information, for example if they have mid-stage or advanced dementia.
Retaining InformationIf a person is unable to retain information long enough to be able to weigh up options and make decisions, then they are likely to have substantial difficulty in engaging and being involved in the process.
Using Or Weighing The Information As Part Of The Process Of Being Involved
A person must be able to weigh up information, in order to participate fully and express preferences for or choose between options. For example, they need to be able to weigh up the advantages and disadvantages of moving into a care home or terminating an undermining relationship. If they are unable to do this, they will have substantial difficulty in engaging and being involved in the process
Communicating Their Views, Wishes And Feelings
A person must be able to communicate their views, wishes and feelings whether by talking, writing, signing or any other means, to aid the decision process and to make priorities clear. If they are unable to do this, they will have substantial difficulty in engaging and being involved in the process.Slide9
WHO IS AN ‘APPROPRIATE INDIVIDUAL’?
The appropriate individual cannot be:
already
providing care or treatment to the person in a professional capacity or on a paid basissomeone the person does not want to support themsomeone who is unlikely to be able to, or available to, adequately support the person’s involvementsomeone implicated in an enquiry into abuse or neglect or who has been judged by a safeguarding adult review to have failed to prevent abuse or neglectUnder the Care Act the appropriate individual’s role is to facilitate the person’s involvement, not merely to be consulted about it (as in MHA)Slide10
EXCEPTIONS TO APPROPRIATE INDIVIDUAL
Where
a placement is being considered in NHS-funded provision in either a hospital (for a period exceeding four weeks) or in a care home (for a period of eight weeks or more), and the local authority believes that it would be in the best interests of the individual to arrange an advocate
Where there is a disagreement between the local authority and the appropriate person whose role it would be to facilitate the individual’s involvement, and the local authority and the appropriate person agree that the involvement of an independent advocate would be beneficial to the individualSlide11
WHAT ARE THE DIFFERENCES UNDER NEW CARE ACT?
Care Act focuses on involvement in Care Assessment, Planning, and Review as a minimum
The standards for delivery are higher
Higher trained advocatesProvider Quality Performance MarkThe level of eligibility is lowerMore people expected to use advocacySlide12
OUR APPROACH
Review Current Advocacy Provision
against Care Act requirements
Capacity and deliverySkill levels & developmentListening to stakeholdersConsidering longer term pictureprepare for the steady growth in demand for the service, as well as a potential 'spike’ in demand for advocacy from April 2016, when the funding reforms come into forceSlide13
MOVING FORWARD
Monitoring demand through 2015
Single
provider preferenceReduce duplicationSame Support ‘along the pathway’ where possibleEnable “Interchangeability” of ‘advocacy hours’Slide14
DISCUSS . . .
Are there any ‘game-stoppers’ identified herein?
What
is best way to access advocacy?How does this affect your way of working/situation?What needs to be in place to enable this?Slide15
Presented by:
Leigh Holton
S
ervice Project Lead, Care & Independence (NELCCG)For further comments / queries:NELCCG.workforce-FAQ@nhs.net