advocacy under the care act november 2014

Advocacy under the Care Act

Jonathan Senker

Policy intention

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The Duties on local authorities

To ensure information and advice is

available to all (s4). For some people

this may include independent advocacy.

To involve the person, carer and others

that the person wants to be involved.

To provide advocacy to specific people in

set circumstances.

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New Statutory

Independent Advocacy

Role of advocate ?

When ?

Who for ?

• To facilitate involvement

• To support and represent

• A person has substantial difficulty

• No appropriate individual available to support them

• Adults

• Carers

• Children in transition

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The Duties

To provide advocacy to eligible people in:

assessments (s67)

care and/or support planning (s67)

care reviews (s67)

safeguarding enquiries (s68)

safeguarding adult reviews (s68).

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When does the duty to involve apply?

From the first point of contact, request or referral (including self-referral) AND at any subsequent stage of the process thereafter

An advocate must be considered for a care review if they were not involved earlier

The duty applies in all settings; the community, care homes and includes prisons

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Judging ‘substantial difficulty’ in

being involved If a person has ‘substantial difficulty’ in any one of

the following:

Understanding relevant

information

Retaining information

Using or weighing the information

Communicating their views wishes and

feelings

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An ‘appropriate individual' to facilitate

the person’s involvement

Must be able to support the person’s active involvement

Must not be already providing care or treatment

professionally or paid

The person supported:

– has capacity to decide and agrees

– lacks that capacity and the LA agrees

– has a veto regardless of capacity

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Independent advocate and an

appropriate individual

Placement in NHS-funded provision in either a hospital (over 4 weeks) or care home (8 weeks or more) and the LA agrees it would be in the persons best interest

Disagreement between the local authority and the appropriate person and both think advocacy would be beneficial

✘ When a deprivation of liberty might result from the proposed care & support plan. DELETED from final Regulations.

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Resources and need

2015/16 2016/17 2017/18 2018/19

Assessments £5.60 £15.20 £18.70 £25.40

Reviews £2.40 £6.00 £10.40 £14.20

Carers £0.80 £1.50 £2.40 £3.00

Safeguarding £5.80 £11.80 £18.00 £24.50

£0.00

£5.00

£10.00

£15.00

£20.00

£25.00

£30.00

Axi

s Ti

tle

Funding for advocacy (in millions 15/16 prices)

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IssuesAwareness

Understanding – especially ‘substantial difficulty’ and

‘appropriate person’

Readiness – of LAs to identify & refer; advocates to

respond

Encouraging compliance

Resources – provision in Better Care Fund- but will it

come through? Stripping funds from non-statutory

advocacy?

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Opportunities for providers to….

Inform people, families & colleagues of the duties

Encourage LA referral (who else is going to?)

Raise questions if people missing out on advocacy

Strengthen relationships with advocacy orgs to

understand how best work together under Care Act

Use the ‘duty to involve’ to ensure people are heard

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Resources for implementation Regulations (http://bit.ly/1nVknNq)

Statutory Guidance sets out statutory guidance on how the Act will work and the various ‘must dos’ and ‘should dos’ for local authorities. Available in easy-read too (http://bit.ly/1tNCBng)

Department for Health’s 12 factsheets offering a summary of key messages around various parts of the Act (http://bit.ly/1qqhH9u)

Skills for Care learning & development materials includes slides & videos and a section on advocacy within first contact and identifying needs module (http://bit.ly/1wLDqNY)

SCIE Advocacy Commissioners guide (http://bit.ly/11ln6Gy)

And finally

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AnyAny Questions?

Contact:

Jonathan.Senker@voiceability.org

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