Eligibility - Skills for Care

Eligibility - Skills for Care

Independent advocacy Care Act 2014 Supporting a persons involvement Might this person have difficulty in being involved? Do they still have substantial difficulty in being involved? Yes Can they be better supported to enable their involvement? Yes

Provide support and make adjustments Yes Agree appropriate individual No Duty to arrange for independent advocate [Reasonable adjustments under the Equality Act 2010] Yes

Is there an appropriate individual a carer, friend or relative that can facilitate their involvement? 2 Judging substantial difficulty in being involved Understanding relevant information Retaining information Using or weighing up

the information Communicatin g their views, wishes and feelings 3 An appropriate individual to facilitate the persons involvement Considerations Must Who is appropriate to support and represent the person? Be able to facilitate the persons active involvement with

the process Is a family member or friend an appropriate individual? The person who is supported must agree to the suggested appropriate individual Must NOT Be someone who is already providing care or treatment professionally or paid 4 Independent advocacy under the Care Act

Role Support and represent Facilitate involvement When? Substantial difficulty No one appropriate is available Who for? Adults Carers Children in transition 5 The role of the independent advocate under the Care Act Advocates should represent the person, always with regard to their wellbeing and interests, including helping a person to: Understand the process Communicate their wishes, views and feelings Make decisions and challenge those made by the authority

Challenge a decision made by the local authority Understand their rights Support and represent them in the safeguarding process Look at records and to talk to those who can help Consult both the records and the family and others if the person does not have capacity 6 Interface with the Mental Capacity Act There are similarities with the MCA, but the duty to provide independent advocacy under the Care Act is broader e.g. it provides support both to people who have capacity but who have substantial difficulty in being involved and to those who lack capacity The local authority must meet its duties in relation to working with an Independent Mental Capacity Advocate and those in relation to an independent advocate under the Care Act The same advocate can provide support as an independent advocate under the Care Act and under the Mental Capacity Act, if trained and qualified to do both There are many advantages of having one independent advocate, or one organisation, providing both services 7

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