1. 1 Independent Advocacy: Care Act 2014 Carl Evans 2 February 2015

2. 2 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 2

3. 3 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 3

4. 4 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. 4

5. 5 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 5 ?

6. 6 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, 6

7. 7 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. 7

8. 8 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. 8

9. 9 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. 9

10. 10 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 10 Links to on-line information