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When an Independent Care Act Advocate will be arranged even though there is an appropriate informal representative

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

12.1    Where there is an appropriate informal representative, the council will still arrange an Independent Care Act Advocate in two circumstances:

1.    The person being represented is likely to be placed in NHS funded accommodation either in a hospital for 28 days or more, or in a care home for 8 weeks or more, and the Council believes it would be in their best interests to arrange an independent advocate. 

2.    The Council and the informal representative:

  • cannot reach agreement about a material issue, and
  • both parties agree that independent advocacy would be in the best interests of the person being represented 

Policy published : 1996

Policy reviewed : 2023

Last reviewed:
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