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Care Act

Our advocates can support people under the regulations of the new Care Act

Under the new Care Act (2014), local authorities have to make sure that a person is fully involved when their social care and support needs are being reviewed.

The Care Act entitles certain people to an independent advocate to help them be as involved as possible.

The local authority must arrange an advocate for the following people:

  • Adults who need care and support and are having their needs assessed, planned, or reviewed.
  • Adults who are the subject of a Safeguarding Enquiry or a Safeguarding Adult Review because they are at risk of abuse or neglect.
  • Children or young carers who are approaching the ‘transition’ to adult social care and support when their needs are being assessed.
  • Carers of both adults and children in ‘transition’.

However, the local authority only has to arrange an advocate if the person satisfies two conditions:

  • They are likely to have substantial difficulty being involved in the care and support process.
  • They do not have anyone else appropriate to support them – such as family, a carer or friend.

If a person satisfies these two conditions, they have a right to advocacy support no matter what their living situation is; whether they live at home, in a care home, in hospital or are in prison.

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