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Independent advocate

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/weighing and/or communicating information, AND no APPROPRIATE PERSON can be identified.

This role applies to

Mental capacity cases

Always

Mental health cases

Day to day living

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

Sometimes

Has a professional relationship with Q

Always

Has a personal relationship with Q

Is professionally independent of the organisation(s) involved

Must be

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?

Always

How many people can perform this role at one time?

One

Are there any other criteria for appointment?

Appropriate experience; appropriate training; competent to represent and support; integrity and good character; supervision arrangements in place; no professional involvement

Who nominates/appoints them?

Local authority

Is the appointment time limited?

Other comments

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