Do I have a legal right to an Advocate?

In some instances, you may be legally entitled to a professional advocate, such as an Independent Mental Health Advocate (IMHA) or an Independent Mental Capacity Advocate (IMCA) – this is called statutory advocacy.

Care Act Advocacy

Care Act advocacy is slightly different – not everyone is entitled to an Independent Advocate under the Care Act. Generally, two conditions must be met:

  1. If an independent advocate were not provided, the person would have substantial difficulty in being fully involved in the process

AND

  1. There is no one appropriate or available to support and represent the person’s wishes

Substantial Difficulty (only one need apply)

  • Understanding relevant information
  • Retaining the information
  • Using/Weighing up the information (as part of being involved in the process)
  • Communicating their own views, wishes and feelings

What kinds of issues might an Independent Advocate at Advocacy Focus be involved with?

  • A Needs Assessment under section 9
  • A Carer’s Assessment under section 10
  • The preparation of a care or support plan under section 25
  • A review of care and support under section 27
  • A Transition Assessment under section 58
  • A Child’s Needs Assessment under section 60
  • A Child’s Carer’s Assessment under section 62
  • A Young Carer’s Assessment under section 65
  • Safeguarding Processes under section 42
  • Making a Health and Social Care Complaint under Local Authority Social Services and NHS Complaints Regulations 2009.
  • Understanding relevant information
  • Retaining the information
  • Using/Weighing up the information (as part of being involved in the process)
  • Communicating their own views, wishes and feelings