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Advocate
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Advocates represent people’s wishes by supporting them to speak or by speaking up on their behalf. They are independent of the Council.
Advocates help people to express their needs and make decisions about the options available to them.
They make sure that the Council follows the correct procedures and can challenge decisions made by Councils and other organisations.
The Council commissions four types of Independent advocacy:
- Care Act Advocacy
- Mental Capacity Advocacy
- Mental Health Advocacy
- Health Complaints Advocacy
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Carer
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A carer is anyone who looks after a family member, partner or friend who needs help because of their illness, frailty, disability, a mental health problem or an addiction and cannot cope without their support. The care they give is unpaid.
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Children Act 1989
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The Act allocates duties to local authorities, courts, parents, and other agencies in the United Kingdom, to ensure children are safeguarded and their welfare is promoted. It centres on the idea that children are best cared for within their own families; however, it also makes provisions for instances when parents and families do not co-operate with statutory bodies.
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Court of Protection
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The Court of Protection makes decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’).
They are responsible for:
- deciding whether someone has the mental capacity to make a particular decision for themselves
- appointing deputies to make ongoing decisions for people who lack mental capacity
- giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
- handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
- making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
- considering applications to make statutory wills or gifts
- making decisions about when someone can be deprived of their liberty under the Mental Capacity Act
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DoLS
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The Deprivation of Liberty Safeguards (DoLS) is the procedure prescribed in law when it is necessary to deprive of their liberty a resident or patient who lacks capacity to consent to their care and treatment in order to keep them safe from harm.
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Eligible need
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The Care Act 2014 defines the eligibility criteria in England:
To meet the eligibility criteria in England, you must show that:
- Your needs for care and support arise from certain health problems
- As a result, you're unable to do certain things
- There's a significant impact on your wellbeing
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Lasting Power of Attorney (LPA)
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A lasting power of attorney (LPA) is a legal document that lets someone (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on their behalf.
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Mental Capacity
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Having mental capacity means having the ability to successfully make and communicate your own specific decisions. People are presumed to have capacity to do so, unless there is reason to doubt this due to an impairment in the functioning of the mind or brain – the impairment might arise from a mental health condition, learning disability, brain injury or illness. And it is because of this impairment that the person is unable to make the specific decision. We call this the ‘Causative Nexus’.
Where there is reason to doubt, a Mental Capacity Assessment (MCA) will be carried out relevant to the specific decision needing to be made at that time.
In order to be deemed to have capacity to make the specific decision required, you need to be able to understand the relevant information given, retain it long enough in order to use or weigh the information to reach your decision, and then be able to communicate your decision clearly – whether that be verbally or non-verbally.
Where the MCA concludes you lack capacity to make the required decision, a decision maker will make the required decision in your best interests.
You will be entitled to an Independent Mental Capacity Advocate if you need one.
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Mental Health Act
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The Mental Health Act (1983) is the main piece of legislation that covers the assessment, treatment and rights of people with a mental health disorder. You can read the Mental Health Act on the government legislation website.
People detained under the Mental Health Act may need urgent treatment for a mental health disorder and are at risk of harm to themselves or others.
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S117 aftercare
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You are entitled to section 117 aftercare if you have been in hospital under section 3, 37,45A, 47 or 48 of the Mental Health Act 1983 and if you are placed on a Community Treatment Order (section 17A) after discharge from hospital.
You will not be entitled to free aftercare if you have only been in hospital under section 2, 4, 5 or 38 of the Mental Health Act 1983.
Aftercare services should help reduce the risk that you may need to be admitted to hospital again for treatment of your mental disorder. Your aftercare will help you with your particular ‘needs.’ The Integrated Care Board and social services will provide your section 117 aftercare services.
Key points about section 117 aftercare services
- ‘Aftercare’ means the help you get when you leave hospital
- Section 117 means that you will get free aftercare when you leave hospital for support or services linked to your mental disorder
- Section 117 aftercare services are to help reduce the risk of you becoming unwell again and possibly needing re-admission to hospital
- Your illness might affect you in different ways
- You may get specialist housing, help to meet other people, help with work or education and free prescriptions for mental health medication
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Shared Lives Scheme
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Shared Lives Schemes are an alternative to care in a care home or other more formal care arrangements.
Schemes offer people who need care the opportunity to live in a family environment rather than a formal care setting.
Schemes are regulated by the Care Quality Commission (CQC) who are responsible for regulating care and support in England.
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Specified accommodation
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(Specified Accommodation) Regulations 2014
Care and Support Statutory Guidance: -
19.29. The regulations specify the types of accommodation to which this provision applies.
The regulations explicitly set out three types of accommodation:
- nursing homes/care homes
- supported living/extra care housing
- shared lives schemes
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Supported Living Accommodation
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Supported living accommodation is accommodation other than in a care home:
- in premises which are specifically designed or adapted for occupation by adults with needs for care and support to enable them to live as independently as possible, or
- which is provided in premises intended for occupation by adults with needs for care and support where personal care is available if required (but not premises which the adult owns or occupies other than as a tenant or licensee).
The personal care elements of services delivered in supported living accommodation are regulated by the Care Quality Commission (CQC)
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The Care Act 2014
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The Care Act 2014 sets out how care and support in England should be provided to adults with care needs, and how it is paid for. It supports the personalisation of care services, putting the person at the centre of the process.
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