Adult Social Care Glossary, v 0.6

(5) The duty under subsection (2) [to arrange for an independent advocate] does not apply if the local authority is satisfied that there is a person-- (a) who would be an appropriate person to represent and support the individual for the purpose of facilitating the individual's involvement, and (b) who is not engaged in providing care or treatment for the individual in a professional capacity or for remuneration. (6) For the purposes of subsection (5), a person is not to be regarded as an appropriate person unless-- (a) where the individual has capacity or is competent to consent to being represented and supported by that person, the individual does so consent, or (b) where the individual lacks capacity or is not competent so to consent, the local authority is satisfied that being represented and supported by that person would be in the individual's best interests. S.68 (4) and (5) make similar provision in respect of safeguarding enquiries and reviews.

(1) The exception in section 67(5) of the Act does not apply in the circumstances specified in paragraphs (2) and (3). (2) The circumstances specified in this paragraph are that-- (a) the exercise of the assessment or planning function in relation to the individual is likely to result in an NHS body making arrangements for the provision to that individual of accommodation in-- (i) a hospital for a period of 28 days or more; or (ii) a care home for a period of 8 weeks or more; and (b) the local authority is satisfied that it would be in the best interests of the individual to make arrangements in relation to that individual under section 67(2) of the Act. (3) The circumstances specified in this paragraph are that-- (a) there is disagreement on a material issue between the local authority and the person referred to in section 67(5) of the Act in the case of the individual; and (b) the local authority and that person agree that making arrangements under section 67(2) of the Act in relation to the individual would be in the best interests of that individual.