Adult Social Care Glossary, v 0.6

67 Involvement in assessments, plans etc.

(1) This section applies where a local authority is required by a relevant provision to involve an individual in its exercise of a function.

(2) The authority must, if the condition in subsection (4) is met, arrange for a person who is independent of the authority (an 'independent advocate') to be available to represent and support the individual for the purpose of facilitating the individual's involvement; but see subsection (5).

(3) The relevant provisions are—
(a) section 9(5)(a) and (b) (carrying out needs assessment);
(b) section 10(7)(a) (carrying out carer's assessment);
(c) section 25(3)(a) and (b) (preparing care and support plan);
(d) section 25(4)(a) and (b) (preparing support plan);
(e) section 27(2)(b)(i) and (ii) (revising care and support plan);
(f) section 27(3)(b)(i) and (ii) (revising support plan);
(g) section 59(2)(a) and (b) (carrying out child's needs assessment);
(h) section 61(3)(a) (carrying out child's carer's assessment);
(i) section 64(3)(a) and (b) (carrying out young carer's assessment).

(4) The condition is that the local authority considers that, were an independent advocate not to be available, the individual would experience substantial difficulty in doing one or more of the following--
(a) understanding relevant information;
(b) retaining that information;
(c) using or weighing that information as part of the process of being involved;
(d) communicating the individual's views, wishes or feelings (whether by talking, using sign language or any other means).

(5) The duty under subsection (2) 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.

68 Safeguarding enquiries and reviews

(1) This section applies where there is to be—
(a) an enquiry under section 42(2),
(b) a review under section 44(1) of a case in which condition 2 in section 44(3) is met or a review under section 44(4).

(2) The relevant local authority must, if the condition in subsection (3) is met, arrange for a person who is independent of the authority (an “independent advocate”) to be available to represent and support the adult to whose case the enquiry or review relates for the purpose of facilitating his or her involvement in the enquiry or review; but see subsections (4) and (6).

(3) The condition is that the local authority considers that, were an independent advocate not to be available, the individual would experience substantial difficulty in doing one or more of the following—
(a) understanding relevant information;
(b) retaining that information;
(c) using or weighing that information as part of the process of being involved;
(d) communicating the individual's views, wishes or feelings (whether by talking, using sign language or any other means).

(4) The duty under subsection (2) 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 adult for the purpose of facilitating the adult's involvement, and
(b) who is not engaged in providing care or treatment for the adult in a professional capacity or for remuneration.

(5) For the purposes of subsection (4), a person is not to be regarded as an appropriate person unless—
(a) where the adult has capacity to consent to being represented and supported by that person, the adult does so consent, or
(b) where the adult lacks capacity so to consent, the local authority is satisfied that being represented and supported by that person would be in the adult's best interests.

(6) If the enquiry or review needs to begin as a matter of urgency, it may do so even if the authority has not yet been able to comply with the duty under subsection (2) (and the authority continues to be subject to the duty).

(7) “Relevant local authority” means—
(a) in a case within subsection (1)(a), the authority making the enquiry or causing it to be made;
(b) in a case within subsection (1)(b), the authority which established the SAB arranging the review.

Requirements for a person to be an independent advocate

2.—(1) A local authority must not make arrangements for a person to be an independent advocate under section 67(2) of the Act unless the authority is satisfied that the person—
(a) has appropriate experience;
(b) has undertaken appropriate training;
(c) is competent to represent and support the individual for the purpose of facilitating that individual’s involvement in any assessment and planning function;
(d) has integrity and is of good character; and
(e) has arrangements in place to receive appropriate supervision.

(2) A local authority must not make arrangements for a person to be an independent advocate under section 67(2) of the Act where that person is engaged in providing care or treatment in a professional capacity, or for remuneration—
(a) for the individual to whom representation and support are to be made available; or
(b) for—
(i) that individual’s carer, where the individual is an adult with care and support needs; or
(ii) the adult in respect of whom that individual is providing care, where the individual is a carer.

(3) The requirements that must be met for a person to be independent for the purposes of section 67(2) of the Act are that—
(a) the local authority is satisfied that the person demonstrates the ability to act independently of the local authority; and
(b) the person is not employed by, or otherwise working for, the local authority.

Independent advocates can have a role in promoting social inclusion, equality and social justice and can provide a safeguard against the abuse of vulnerable people. Independent advocates take action to act to help people say what they want, secure their rights, represent their interests and obtain the services they need. Together with their provider organisations they work in partnership with the people they support and speak out on their behalf.