Your Voice Counts Advocacy Services
Care Act Advocacy
Care Act Advocacy helps people participate as fully as possible when a local authority is carrying out certain assessments, planning, reviews or safeguarding processes.
The advocate is independent of the local authority. They support the person to understand what is happening, express their views and take part in decisions about their care and support.
Who may qualify for Care Act Advocacy?
The local authority must consider whether both of the following apply:
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Without advocacy support, the person would have substantial difficulty being fully involved in the Care Act process.
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There is no appropriate person such as a relative or friend who is willing and able to support and represent their involvement.
The local authority considers whether the person has substantial difficulty with one or more of the following:
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understanding relevant information
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retaining information
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using or weighing information
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communicating their views, wishes or feelings.
A person does not need to lack mental capacity or have a particular diagnosis to qualify.
Having relatives or friends does not automatically mean an advocate is unnecessary. The local authority must consider whether someone is genuinely willing, able and appropriate to support the person’s involvement.
Which Care Act processes are covered?
The advocacy duty can apply to:
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an adult needs assessment
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a carer’s assessment
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care and support planning or support planning
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a review of a care and support plan or support plan
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transition assessments for young people, young carers and children’s carers
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a Section 42 safeguarding enquiry
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a Safeguarding Adults Review.
How can a Care Act advocate help?
A Care Act advocate can:
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help the person understand the process and relevant information
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support them to communicate their views, wishes and feelings
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help them consider their options
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support them to prepare for and participate in meetings
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help ensure their views are properly considered
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raise questions or challenge the process where appropriate.
The advocate does not make decisions for the person or replace the local authority’s responsibilities.
What areas does the service cover?
Our commissioned Care Act Advocacy service covers Newcastle, Gateshead and South Tyneside.
We can provide advocacy where one of these local authorities is responsible for the relevant Care Act assessment, planning, review or safeguarding process.
Local authorities outside these areas may request Care Act Advocacy from YVC through a spot contract arrangement. This is subject to agreement, funding and capacity.
If you think you need Care Act Advocacy
The local authority responsible for your Care Act process must decide whether the advocacy duty applies and arrange the advocate.
Ask your social worker or the relevant adult social care service to consider whether you need independent Care Act Advocacy.
YVC cannot appoint itself as your statutory Care Act advocate. However, you can contact us if you would like information about advocacy or help understanding how to raise the issue with the local authority.
Information for professionals
The local authority responsible for the Care Act process must consider the person’s need for advocacy and make the referral.
Professionals from health services or other organisations may identify that advocacy could be needed, but the statutory Care Act referral must come from the local authority responsible for the process.
For commissioned referrals or for a person whose Care Act process is being led by another local authority:
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Visit Make a referral to download the required referral form.
Further information
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Visit our Resources page for Care Act Advocacy factsheets.
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For information or advice about a referral, call 0191 478 6472, call freephone 0300 303 1248 or email mail@yvc.org.uk.