advocacy under the care act november 2014
DESCRIPTION
Duties of Local Authorities to deliver Advocacy under the Care Act 2014TRANSCRIPT
Advocacy under the Care Act
Jonathan Senker
Policy intention
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The Duties on local authorities
To ensure information and advice is
available to all (s4). For some people
this may include independent advocacy.
To involve the person, carer and others
that the person wants to be involved.
To provide advocacy to specific people in
set circumstances.
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New Statutory
Independent Advocacy
Role of advocate ?
When ?
Who for ?
• To facilitate involvement
• To support and represent
• A person has substantial difficulty
• No appropriate individual available to support them
• Adults
• Carers
• Children in transition
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The Duties
To provide advocacy to eligible people in:
assessments (s67)
care and/or support planning (s67)
care reviews (s67)
safeguarding enquiries (s68)
safeguarding adult reviews (s68).
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When does the duty to involve apply?
From the first point of contact, request or referral (including self-referral) AND at any subsequent stage of the process thereafter
An advocate must be considered for a care review if they were not involved earlier
The duty applies in all settings; the community, care homes and includes prisons
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Judging ‘substantial difficulty’ in
being involved If a person has ‘substantial difficulty’ in any one of
the following:
Understanding relevant
information
Retaining information
Using or weighing the information
Communicating their views wishes and
feelings
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An ‘appropriate individual' to facilitate
the person’s involvement
Must be able to support the person’s active involvement
Must not be already providing care or treatment
professionally or paid
The person supported:
– has capacity to decide and agrees
– lacks that capacity and the LA agrees
– has a veto regardless of capacity
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Independent advocate and an
appropriate individual
Placement in NHS-funded provision in either a hospital (over 4 weeks) or care home (8 weeks or more) and the LA agrees it would be in the persons best interest
Disagreement between the local authority and the appropriate person and both think advocacy would be beneficial
✘ When a deprivation of liberty might result from the proposed care & support plan. DELETED from final Regulations.
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Resources and need
2015/16 2016/17 2017/18 2018/19
Assessments £5.60 £15.20 £18.70 £25.40
Reviews £2.40 £6.00 £10.40 £14.20
Carers £0.80 £1.50 £2.40 £3.00
Safeguarding £5.80 £11.80 £18.00 £24.50
£0.00
£5.00
£10.00
£15.00
£20.00
£25.00
£30.00
Axi
s Ti
tle
Funding for advocacy (in millions 15/16 prices)
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IssuesAwareness
Understanding – especially ‘substantial difficulty’ and
‘appropriate person’
Readiness – of LAs to identify & refer; advocates to
respond
Encouraging compliance
Resources – provision in Better Care Fund- but will it
come through? Stripping funds from non-statutory
advocacy?
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Opportunities for providers to….
Inform people, families & colleagues of the duties
Encourage LA referral (who else is going to?)
Raise questions if people missing out on advocacy
Strengthen relationships with advocacy orgs to
understand how best work together under Care Act
Use the ‘duty to involve’ to ensure people are heard
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Resources for implementation Regulations (http://bit.ly/1nVknNq)
Statutory Guidance sets out statutory guidance on how the Act will work and the various ‘must dos’ and ‘should dos’ for local authorities. Available in easy-read too (http://bit.ly/1tNCBng)
Department for Health’s 12 factsheets offering a summary of key messages around various parts of the Act (http://bit.ly/1qqhH9u)
Skills for Care learning & development materials includes slides & videos and a section on advocacy within first contact and identifying needs module (http://bit.ly/1wLDqNY)
SCIE Advocacy Commissioners guide (http://bit.ly/11ln6Gy)
And finally
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