Advocacy and Representation:
The law says that local authorities must involve people in decisions made about them and their care and support. No matter how complex a person’s needs, local authorities are required to help people express their wishes and feelings, support them in weighing up their options, and assist them in making their own decisions.
If it appears to the local authority that a person has care and support needs, then a judgement must be made as to:
- whether that person has substantial difficulty in being involved, and
- if there is an appropriate individual to support them.
Sometimes an individual will be better known to other organisations, and so they may need the help of partners sometimes to know if this is the case.
A person has a substantial difficulty if they experience one or more of the following difficulties:
- understanding relevant information;
- retaining that information;
- using or weighing that information as part of the process of being involved;
- communicating the individual's views, wishes or feelings (whether by talking, using sign language or any other means).
In these situations the local authority will need to find an appropriate person to support and represent them for the purpose of facilitating their involvement.
An appropriate person must be independent and able to fulfil the role, and so they cannot be:
- someone already providing care or treatment to the person in a professional capacity or on a paid basis
- someone the person does not want to support them
- someone who is unlikely to be able to, or available to, adequately support the person’s involvement
- someone implicated in an enquiry into abuse or neglect [including self-neglect].
Representation by an Independent Advocate
- Where a person has a substantial difficulty and has no friend or family member able to represent them, then there is a duty to appoint an Independent Advocate to facilitate their involvement.
Representation: family member
- Where there is an appropriate family member or friend who is willing and able to facilitate the person’s involvement then an independent advocate will not be needed. Where this is the case, it will be important to recognise the views of family members or friends may be different from the person who they are supporting to be heard and involved.
Click the link below to find out more about creating a referral: https://advonet.org.uk/referrals/