Care Act Advocacy

The Care Act 2014 is a law which came into force in April 2015. The Act says that wellbeing is important, and people are experts of their own lives. The Act also says that people should be supported to be involved in all decisions about their care and support. The Care Act wants services to focus on providing information and support early to help people understand and manage their needs to prevent or prolong the need for care and support in the future.
The Care Act also gives rights to carers for assessments and support to fulfil their caring role.

No, a Care Act Advocate is not able to give you advice about care and support.

Advocates are not able to give advice. They can help you to:

→ Explore your options and choices

→ Think about consequences

→ Find out information you need by supporting you to ask questions

→ Ask for a second opinion

Yes, Care Act Advocacy is for anyone who has difficulty engaging in the process and they have no one else who is willing, or able, to support them to engage.

Care Act Advocates are trained in both instructed and non-instructed advocacy. Instructed advocacy is when a person can consent to advocacy and give instructions. Non-instructed advocacy is for people who can’t give instructions to advocates but it would be in their best interests to have an independent voice. In these cases, the Care Act advocate will work alongside the person to gather their feelings, wishes, values and beliefs and ensure they are fed into the decision making process

Under the Mental Health Act 1983 certain people are entitled to the help and support from an Independent Mental Health Advocate (IMHA).

Section 117 of the Mental Health Act places a duty on the NHS and local authorities to provide aftercare. This will usually involve a joint assessment including an assessment of the person’s care and support needs, a care and support or support plan and subsequent review (which may reach a decision that a person is no longer in need of aftercare).

People who do not retain a right to an IMHA, whose care and support needs are being assessed, planned or reviewed should be considered for an advocate under the Care Act, if they have substantial difficulty in being involved and if there is no appropriate person to support their involvement.

Yes, an advocate can help you through a care and support needs assessment, care planning or a review of your care and support.

The Advocacy provider would be local to the Prison rather than where you usually live if this is a different area

If you have contacted your local adult social care office, asked for a needs assessment and been told that you cannot have one then this is against your rights under the Care Act.

You can contact them to ask again or you can get in touch with us and we can help you.