9. Care Act Advocacy for Adult Social Care processes including complaints
9.1 The council will arrange an Independent Care Act Advocate to support involvement in Adult Social Care processes where both conditions 1 and 2 below are met:
Condition 1
Without an independent advocate, the person would have substantial difficulty (see section 8) in being involved in any of the following:
· assessment of:
o needs for care and support
o a carer’s needs for support
o a young person’s likely needs for care and support when they turn 18 (transition assessment)
o the likely support needs of an adult caring for a young person when the young person turns 18 (transition assessment)
o the likely support needs of a young carer (i.e. aged under 18) caring for an adult when the young carer turns 18 (transition assessment)
Please see also:
- paragraphs 9.5 and 9.6 (combined assessments) paragraphs 9.7 to 9.10 (joint assessments)
· planning their care and / or support
· revising their support plan
· certain safeguarding activities (see section 10)
· using the council ’s Adult Social Care complaints procedure
Condition 2
The person has no informal representative who is appropriate (see section 11) to support their involvement and represent them.
9.2 The council may arrange an Independent Care Act Advocate in such other circumstances as it deems appropriate, for example at care home closure (see section 18).
9.3 Someone who lacks relevant capacity will also be entitled to an IMCA where certain decisions (see section 19) must be made. In these circumstances the council will wherever possible arrange a single advocate who is able to fulfil both roles.
9.4 Independent advocacy arrangements will be made as soon as it is identified that advocacy is required so that there are no unnecessary delays.
