What is Care Act Advocacy?
The Care Act 2014 states that some people are legally entitled to have an independent advocate to support them.
This can be to understand and participate in their health and social care assessments, support plans, reviews or safeguarding enquiries. It can be for assessments for their care needs, or for their needs as a carer.
Who is this service for?
People who have care and support needs, and:
Would have substantial difficulty in being involved in the Care Act process or in communicating their wishes and feelings.
There is not an appropriate individual to support them.
Who can access it?
An individual who meets the qualifying criteria for a Care Act Advocate and who is an ordinary resident of Manchester.
There are some exceptions to this:
If an ordinary resident of Manchester is temporarily placed within the Greater Manchester area either in a care home or hospital they are entitled to a Care Act Advocate. This only applies if the individual will be returning to the Manchester area.
Plus support planning for transition from Children’s Services to Adults Services from 15+
Care Act Advocates assist people to
- Understand the assessment, care and support planning, review and safeguarding processes.
- Communicate their views, wishes and feelings to the professionals involved in carrying out the assessment, support planning, review or safeguarding process.
- Understand how their needs can be met by the local authority or otherwise – understanding for example how a care and support and support plan can be personalised, how it can be tailored to meet specific needs.
- Make decisions about their care and support arrangements – assisting them to weigh up various care and support options and to choose the ones that best meet the person’s needs and wishes.
- Understand their rights under the Care Act – for an assessment which considers their wishes and feelings and which considers the views of other people; their right to have their eligible needs met, and to have a care or support plan that reflects their needs and their preferences, and in relation to safeguarding, understanding their right to have their concerns about abuse taken seriously and responded to appropriately.
- Challenge a decision or process made by the local authority; and where a person cannot challenge the decision even with assistance, then to challenge it on their behalf.
Accessing a Care Act Advocate
Referrals for independent Care Act Advocates need to be made by a professional who will be coordinating the Care Act process such as a Social Worker or Care Manager. You are unable to self-refer for a Care Act Advocate.
If the appropriate conditions are met then a referral can be made for the following:
- A needs assessment under section 9 of the Care Act
- A carer’s 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 58
- A child’s carer’s assessment under section 60 (therefore some people below 16 years of age)
- A young carer’s assessment under section 63
- Safeguarding under section 6