New Care Act Advocacy

The Care Act 2014 strengthens the rights and recognition of carers in the social care system entitling carers and the people they care for to a clear right to an assessment of their care and support needs and access to services to meet these.

From the 1st April, carers have new rights to independent advocacy support to communicate their views, wishes and feelings to aid the decision making process in assessments and reviews. Local councils must involve an advocate if without support carers would have ‘substantial difficulty’ in communicating their wishes, or understanding, retaining and assessing information during the assessment and there is no other appropriate person who is able and willing to help.

Support and representation from an advocate is available in the planning and review of care and support. This applies to the following:

  • a needs assessment
  • a carers assessment
  • the preparation of care and support plan or support plan
  • a review of care and support plan or a support plan
  • a child’s needs assessment
  • a child’s carers assessment
  • a young carers’s assessment
    safeguarding

Local authorities fund a range of providers to deliver advocacy often this means that when client’s issues change the advocate changes too. This leads to clients repeating their story again and on occasions having two advocates for two issues which can be confusing. The Care Act addresses this by allowing an existing advocate to continue providing support as long as your local authority funds a provider.

Further information about your rights can be downloaded below: