Care Act advocacy

Also called Section 67 advocacy, Independent Care Act advocate, Care and support advocacy

In England, a council must arrange an advocate for anyone who would struggle to take part in their own assessment or review and has nobody suitable to help.

What it is

Care Act advocacy is the duty in section 67 of the Care Act 2014, which applies in England, for a council to arrange an independent advocate for an adult who would have substantial difficulty being involved in a care and support assessment, care planning, a review, or a safeguarding enquiry, and who has no appropriate person to support them.

Wales has a similar duty under the Social Services and Well-being (Wales) Act 2014. Scotland's Self-directed Support legislation and its advocacy rights cover different ground, and Northern Ireland's arrangements differ again, so check locally outside England.

Who it can help

An adult, or a carer, being assessed or reviewed by adult social care, who would find it substantially difficult to understand the information, retain it, weigh it, or communicate their views, wishes and feelings. That fourth limb is the one that catches most people who use AAC, have aphasia, or have a learning disability. Having capacity does not exclude you: the test is difficulty being involved, not lack of capacity.

It is not available if there is a family member or friend who is appropriate and willing to support you, unless that person is themselves paid to care for you or the council thinks they are unsuitable. And it is a right during the council's processes, not a general advocate for life.

How it works

The council must judge whether you would have substantial difficulty at the start of the process, before the assessment happens, and must arrange the advocate before proceeding. The advocate helps you understand what the assessment is for, helps you say what matters to you, attends meetings with you, helps you challenge the outcome, and where you cannot instruct them, represents your wishes as best they can be established.

The statutory guidance is explicit that the advocate must be able to communicate with the person, which means the advocacy service must find someone with the skills, or the time, to work with a non-speaking person. An assessment carried out without an advocate when one was required is defective and can be redone.

Getting started

When adult social care contacts you or the person you support about an assessment or review, ask straight away: "Will you be arranging an independent advocate under section 67 of the Care Act?" If the answer is "there is a family member", check the family member is willing, unpaid and genuinely able to help the person communicate; if not, say so.

Prepare for the assessment as you would for any big conversation. Put the person's needs and wishes into their own mode beforehand: photographs of a typical day, cards for what helps and what does not, a Talking Mat on where they want to live and what they want to do. Ask for the assessment to be spread over more than one visit. Ask that the written care plan records the person's communication method: see communication needs in the care plan.

Where to get help

The Care and Support Statutory Guidance, chapter 7, is the authority on the advocacy duty. SCIE has plain guidance on the Care Act. Carers UK covers the carer's own right to advocacy during a carer's assessment, and Age UK has a factsheet.