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What substantial difficulty means

In this section

  1. 1
    Introduction
  2. 2
    Purpose
  3. 3
    Scope
  4. 4
    Legislation
  5. 5
    Associated policies
  6. 6
    Definitions
  7. 7
    Care Act duty to involve people in decisions that affect them
  8. 8
    What substantial difficulty means
  9. 9
    Care Act Advocacy for Adult Social Care processes including complaints
  10. 10
    Care Act Advocacy for safeguarding processes
  11. 11
    Who is appropriate to act as an informal representative
  12. 12
    When an Independent Care Act Advocate will be arranged even though there is an appropriate informal representative
  13. 13
    Changes to representation
  1. 14
    Out of County Care Act advocacy arrangements
  2. 15
    The Independent Care Act Advocate’s role
  3. 16
    Independent Care Act Advocates’ rights to access health and social care records
  4. 17
    The Council and Independent Care Act Advocates – working together
  5. 18
    Care home closures/provider failure
  6. 19
    Decisions that require an Independent Mental Capacity Advocate (IMCA)
  7. 20
    Independent Mental Health Advocates (IMHA)
  8. 21
    Commissioning requirements for Independent advocacy
  9. 22
    Dissatisfaction/Complaints
  10. 23
    Implementation
  11. 24
    Monitoring and review
  12. 25
    Appendix– Definitions
  13. 26
    Policy details

8.1    The council will consider whether the person would have substantial difficulty in engaging with the local authority care and support processes. The Care Act defines 4 areas in which people may experience a substantial difficulty The four areas are:

  1. understanding relevant information
  2. retaining that information
  3. using or weighing up the information as part of the process of being involved
  4. communicating their views, wishes or feelings whether by talking, using sign language or any other means

8.2   When considering whether the person would experience substantial difficulty, the council will take into account:

  • any health condition, learning difficulty or disability that the person has 

  • the complexity of their circumstances, whether or not these are related to their care and support 

  • whether the person is at risk of, or is experiencing, abuse or neglect, and

  • where support is being considered for an assessment, whether the person has previously refused an assessment 

Policy published : 1996

Policy reviewed : 2023

Last reviewed:
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