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:
   
  
  • needs for care and support 
    
  • a carer’s needs for support 
    
  • a young person’s likely needs for care and support when they turn 18 (transition assessment)
  • the likely support needs of an adult caring for a young person when the young person turns 18 (transition assessment) 
    
  • 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.

Combined assessments:

9.5    Where the needs of two people are to be assessed in a combined assessment and each person qualifies for an Independent Care Act Advocate, the same advocate may support and represent both individuals provided that the Council is satisfied that:

• both people consent to the arrangement, and
• there is no conflict of interest between:
  
  
  • either of the two people, or
  • the independent advocate and either person 

9.6    The council will arrange for each person to be supported and represented by different advocates if requested by:

• either of the people concerned, or
• an independent advocate already involved in supporting either person. 

Joint assessments:

9.7    An Adult Social Care assessment may be combined with a different type of assessment, for example with a health assessment or an assessment carried out by the council’s children’s services. 

9.8    Where the conditions for an Independent Care Act Advocate (see paragraph 9.1) are met, the council’s Adult Social Care service will arrange an advocate to support Adult Social Care assessment processes (including transition assessments).

9.9     In the case of a combined Adult Social Care and an NHS Continuing Healthcare (CHC) assessment, responsibility for arranging an advocate to support:

• CHC processes will be the responsibility of the NHS
  
• Adult Social Care processes will be the responsibility of Adult Social Care 

9.10    Where someone entitled to the support of an Independent Care Act Advocate is also entitled to advocacy under other legislation, the council will collaborate with other assessing bodies so that wherever possible a single advocate who is able to fulfil both roles is arranged.

Complaints

9.11    When someone wishes to complain, we will actively support people to be involved in the complaints process. We will make reasonable adjustments in line with our duties under the Equality Act 2010 and the Care Act 2014 to overcome barriers to involvement which includes advising people of their right to an advocate. If an advocate is requested at any point in the complaint’s procedure, the person will be referred to an appropriate advocacy provider commissioned by the appropriate directorate.