The Care Act 2014 came into effect on 1st April 2015. The Act introduces principles of wellbeing and prevention and the recognition that an individual, their family and/or carer must be enabled to make decisions regarding their own care and support.

The Care Act places a new duty on local authorities to provide access to independent advocacy to those who would have substantial difficulty in being involved in care and support ‘processes’ and have no appropriate or available individual(s) who can support their involvement.

Eligibility

The person must:

1) Be registered as a Staffordshire or Stoke-on-Trent City Council resident.

2) Have ‘substantial difficulty’ being fully involved in the Care Act assessment.

3) Have no ‘appropriate person’ (unpaid) to facilitate and represent their wishes.

An advocate may be engaged if the above conditions are not met, but only in the following instances:

1) Where the outcome of an assessment may result in a person being placed in an NHS funded establishment for a period exceeding four weeks, or in a care home for a period of eight weeks or more and the council believe it would be in the best interests of the person to arrange for an advocate.

2) Where the council and the appropriate person disagree about who is best placed to support the person and they agree that involving an advocate would be beneficial.

3) Where a person who is not resident in Staffordshire or Stoke-on-Trent has been referred within Staffordshire or Stoke-on-Trent to adult safeguarding.

Independent Advocacy for Prisoners under The Care Act 2014: All prisoners are treated as if they are a resident in the area for the purpose of the Care Act and for as long as they reside in prison. Prisoners are entitled to the same support of an independent Advocate.

Summary – 

The Care Act 2014 mandates local authorities to offer independent advocacy for individuals struggling with care decisions, ensuring their involvement when no suitable support is available.