advocacy Care Act 2014 Supporting a persons involvement 2 Duty to arrange for independent advocate Is there an appropriate individual a carer friend or relative that can facilitate their involvement ID: 414818
Download Presentation The PPT/PDF document "Independent" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Independent advocacy
Care Act 2014Slide2
Supporting a person’s involvement
2
Duty to arrange for independent advocate
Is there an ‘appropriate individual’ – a carer, friend or relative – that can facilitate their involvement?
Agree ‘appropriate individual’
Provide support and make adjustments
Yes
Yes
No
Might this person have difficulty in being involved?
Can they be better supported to enable their involvement? [Reasonable adjustments under the Equality Act 2010]
Yes
Do they still have ‘substantial difficulty’ in being involved?
YesSlide3
Judging ‘substantial difficulty’ in being involved
3Slide4
An ‘appropriate individual’ to facilitate the person’s involvement
4Slide5
Independent advocacy under the Care Act
5Slide6
The role of the independent advocate under the Care Act
Advocates
should represent the
person, always with regard to their wellbeing and interests, including helping a person to:Understand the processCommunicate their wishes, views and feelingsMake decisions and challenge those made by the authorityChallenge a decision made by the local authorityUnderstand their rightsSupport and represent them in the safeguarding processLook at records and to talk to those who can helpConsult both the records and the family and others if the person does not have capacity6Slide7
Interface with the Mental Capacity Act
There are similarities with the
MCA, but the duty to provide independent advocacy under the Care Act is broader
e.g. it provides support both to people who have capacity but who have substantial difficulty in being involved and to those who lack capacityThe local authority must meet its duties in relation to working with an Independent Mental Capacity Advocate and those in relation to an independent advocate under the Care Act The same advocate can provide support as an independent advocate under the Care Act and under the Mental Capacity Act, if trained and qualified to do bothThere are many advantages of having one independent advocate, or one organisation, providing both services7