Care Act resources

From April 1 2015, the Care Act extended the right for eligible people to have independent advocacy to help them be actively involved in their care and support process. This includes:

  • Care assessments
  • Care and support planning
  • Care and support reviews
  • Safeguarding enquiries
  • Safeguarding adult reviews (previously known as serious case reviews).

What is the role of a Care and Support Advocate?

Care and Support advocates will work with people to support their active involvement in their care and support process. An advocate will:

  • Support the person to prepare for their care assessment, meetings or safeguarding enquiries
  • Help the person to understand the care and support processes and options available to them
  • Make sure that the person feels able to give their views and wishes about their care and support needs
  • Work with the person so that they are able to make their own decisions
  • Support the person, and represent them when appropriate, to challenge decisions made if it is felt that they have not taken into account the person’s views, wishes and feelings

These leaflets explain how a Care Act advocate can help someone.

Care Act Advocacy leaflet (standard version)

Care Act Advocacy leaflet (Easy Read version)

When should referrals be made?

Referrals should be made as soon as is clear that someone will have substantial difficulty being involved and no appropriate individual has been identified to support them. Advocacy should be considered from the first point of contact, request or referral (including self-referral) and at any subsequent stage of the care and support process.

If a referral is not made immediately, perhaps because advocacy was not required at that time, a referral can be made at any stage in the care and support process.

To support the transition of people currently receiving council-arranged care in England to the Care Act, reassessment of eligibility will not be required until the next care review.  However, any reassessment must be carried out before 1 April, 2016.

The right to an advocate applies in all settings regardless of whether the person lives in the community or a care home, and includes prisons (except with safeguarding enquiries or Safeguarding Adult Reviews).

For further information about the role of an independent advocate under the Care Act or whether someone can be an appropriate individual, please download our factsheets below.

Factsheet – Appropriate Individual

Factsheet – Role of an independent advocate under the Care Act