Empowering people with disabilities for over 25 years

Independent Advocacy under the Care Act

The Care Act 2014 introduces new duties for the local authority to involve independent advocates in supporting people’s involvement in assessment, planning, care review and safeguarding processes.  

Advocacy and the 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 feelings, support them in weighing up their options, and assist them in making their own decisions.  The duty to involve applies in all settings, including those who live in the community, care homes or prisons, for example. 

When does the advocacy duty apply?
The advocacy duty will apply from the point of first contact with the local authority and at any subsequent stage of the assessment, planning, care review, safeguarding enquiry or safeguarding adult review. If it appears to the authority that a person has care and support needs, then a judgement must be made as to whether that person has substantial difficulty in being involved and if there is an appropriate individual to support them. An independent advocate must be appointed to support and represent the person for the purpose of assisting their involvement if these two conditions are met.  
It will be unlawful not to provide someone who qualifies with an advocate. 

In what circumstances do I need to instruct an Independent Advocate?
If they are undergoing:
•             A needs assessment under section 9 of the Care Act;
•             A carers assessment under section 10;
•             The preparation of a care and support plan or support plan under section 25;
•             A review of care and support plan or support plan under section 27; 
•             A child’s needs assessment under section 60; 
•             A child’s carers assessment under section 62;
•             A young carer’s assessment under section 65.

Contact Us
To make a referral or to request further information:

Email: dac@seap.org.uk
Phone: 0300 343 5707*

Our opening times are weekdays 9am until 5pm (extended hours until 7pm on Thursdays).
*Calls are charged at a local rate. Calls from mobiles may be higher

About Us

Living Options Devon is a well respected user-led organisation which works to ensure that people with disabilities and Deaf people can live the life they choose. Set up in 1990 LOD is a registered charity (Charity N0. 1102489) and a company limited by guarantee (No. 4925281). Based in Exeter and Barnstaple, our charitable aims mean we we can offer services across the South West and share good practice throughout the UK. Being led and run by people with disabilities and Deaf people ensures LOD has first hand knowledge and understanding of the issues facing service users and so is very well placed to increase the influence and voice of Deaf and disabled people. We do this by providing education, training and services which enable people to live the lives they choose.

We are happy to provide all information about Living Options Devon and its projects in alternative formats by request. Please contact us using the details above.

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Contact us

There are a number of ways you can contact us:

By telephone: 01392 459222

By email: info@livingoptions.org

By SMS: 07958 517919

By post: Living Options Devon, Ground Floor Units 3-4, Cranmere Court, Lustleigh Close, Matford Business Park, Exeter EX2 8PW

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