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Appropriate person
Please note: In these descriptions of proxies, representatives and advocates, Q refers to the person whom the proxy, representative or advocate is supporting or representing.
We are at an early stage of developing this resource, so please bear with us as we work on it.
Purpose of the role
Involved in assessments, care and support planning, reviews, safeguarding enquiries/reviews
This role applies when
Q would experience substantial difficulty in understanding, retaining, using or weighing, communicating information
This role applies to
Mental capacity cases
Always
Mental health cases
Day to day living
Sometimes
Statutory definition of the role (if any)
Defined term | Act of Parliament/Statutory Instrument | Link |
|---|---|---|
Appropriate person; Independent advocate | Care Act 2014, S.67 | https://www.legislation.gov.uk/ukpga/2014/23/section/67 |
Appropriate person; Independent advocate | The Care and Support (Independent Advocacy Support) (No. 2) Regulations 2014, reg 4 | https://www.legislation.gov.uk/uksi/2014/2889/regulation/4/made |
The person in this role
Is professionally qualified to perform the role
Never
Has a professional relationship with Q
Sometimes
Has a personal relationship with Q
Sometimes
Is professionally independent of the organisation(s) involved
Always
Has lived experience of Q's care and support needs
Sometimes
Speaks for/on behalf of Q
Yes
Safeguards Q's rights
Yes
Ensures Q's understanding
Yes
Is consulted about Q's health and welfare
Is consulted about Q's finances
Makes decisions about Q's health and welfare
Manages money on Q's behalf
Is the person formally appointed to this role?
Must be
How many people can perform this role at one time?
Are there any other criteria for appointment?
No professional involvement.
Legislation implies that the Appropriate Person could be a friend or family member.
Who nominates/appoints them?
Q (if capacitous), otherwise local authority
Is the appointment time limited?
Duration of assessment, planning or safeguarding process
Other comments
CASSG refers to situations where there is no suitable person to be the appropriate person - 'suitable person' is not the term defined in law