What is Social Care Advocacy?
Social care advocates are your independent allies, separate from the NHS and local councils. They're trained to help you understand your rights, make your voice heard, and ensure your opinions matter.
Am I Eligible for an Advocate in England?
According to the Care Act 2014, when it comes to your social care :
- You should be fully involved.
- Your thoughts, feelings, and beliefs should be considered.
- All your circumstances should be taken into account.
You'll need an advocate if you struggle with :
- Understanding key information
- Remembering details
- Weighing up options
- Expressing your thoughts and feelings
Local authorities must involve you in decisions about your care. If you find it challenging, they must provide an advocate, unless someone else can support you adequately.
When Don't I Need an Advocate?
You won't need an advocate if there's someone suitable to support you, like a family member, friend, or unpaid carer.
However, they can't be :
- A professional or paid carer
- Someone you don't consent to
- Someone not in your best interests, according to the local authority
When Will an Advocate Help Me?
An advocate will stand by you during :
- Needs assessments
- Care planning
- Care plan revisions
- Safeguarding enquiries and reviews
What About Advocacy in Wales?
In Wales, local authorities aren't required to provide an advocate under the Social Services and Well-being (Wales) Act 2014. However, they must consider arranging an independent advocate if you don't have suitable support.
An appropriate individual could be a family member, friend, or someone from your wider network.
What Legal Rights Do You Have to an Advocate?
You may have a legal right to an advocate in specific circumstances, known as 'statutory advocacy'.
In England and Wales, there are three main types of statutory advocates :
Independent Mental Health Advocates (IMHAs)
These advocates are trained to assist individuals under the Mental Health Act 1983. The regulations differ between England and Wales.
Learn More About IMHASIndependent Mental Capacity Advocates (IMCAs)
Specialised in the Mental Capacity Act 2005, these advocates help those who can't make certain decisions themselves.
Explore IMCA's