advocacy Care Act 2014 Outline of content Introduction What independent advocacy under the Care Act 2014 Interface with the Mental Capacity Act 2005 When the Care Act independent advocacy duties appl ID: 132333
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Slide1
Independent advocacy
Care Act 2014Slide2
Outline of content
Introduction
What independent advocacy under the Care Act 2014?
Interface with the Mental Capacity Act 2005When the Care Act independent advocacy duties applySummary
2Slide3
Supporting a person’s involvement
3
Duty to arrange for independent advocate
Is there an ‘appropriate individual’ – a carer, friend or relative – that can facilitate their involvement?
Agree ‘appropriate
individual’
Provide support and make adjustments
Yes
Yes
No
Might this person have difficulty in being involved?
Can they be better supported to enable their involvement? [Reasonable adjustments under the Equality Act 2010]
Yes
Do they still have ‘substantial difficulty’ in being involved?
YesSlide4
Judging ‘substantial difficulty’ in being involved
4Slide5
An ‘appropriate individual’ to facilitate the person’s involvement
5Slide6
Independent advocacy under the Care Act
6Slide7
The role of an independent advocate under the Care Act
Advocates
should represent
the individual, always with regard to their wellbeing and interests, including helping a person to:Understand the processCommunicate their wishes, views and feelingsMake decisions and challenge those made by the authorityChallenge a decision made by the local authorityUnderstand their rightsSupport and represent them in the safeguarding processLook at records and to talk to those who can help
Consult
both the records and the family and
others if the person does not have capacity7Slide8
Representation
8Slide9
Who can act as an independent advocate under the Care Act?
Independent advocates must have:
a
suitable level of experienceappropriate trainingcompetency in the taskintegrity and good characterthe ability to work independently of the authorityarrangements for regular supervision9Slide10
Mental Capacity Act (MCA) 2005
All relevant people involved in the key care and support planning processes,
and all
independent advocates, are expected to understand and apply the Mental Capacity ActThey must be able to:evidence that they are using the MCA principlesunderstand supported decision making; and the importance of considering least restrictive interventionsunderstand how capacity assessments are made; how best interests decisions are made, and what a deprivation of liberty isThey are expected to have some knowledge of relevant case law and key messages from the Court of Protection
10Slide11
Independent Mental Capacity Advocates (IMCA)
The Mental Capacity Act
gives some people who lack
capacity to make a specific decision a right to receive support from an Independent Mental Capacity Advocate (IMCA)IMCA services are provided by organisations that are independent from the NHS and local authoritiesAn IMCA safeguards the rights of people who are facing a decision about change in long-term accommodation, and serious medical treatment decisions, and lack capacity to make a specified decision (at the time it needs to be made), and have nobody else who is willing and able to represent them or be consultedIMCAs must have: specific experience; IMCA training; integrity
and a good character; and
be
able to act independently11Slide12
Interface with the Mental Capacity Act
There are similarities with the MCA, but the duty to provide independent advocacy under the Care Act is broader and applies to a wider set of circumstances e.g. it provides support both to people who have capacity but who have substantial difficulty in being involved and to those who lack
capacity
The local authority must meet its duties in relation to working with an Independent Mental Capacity Advocate and those in relation to an independent advocate under the Care Act The same advocate can provide support as an independent advocate under the Care Act and under the Mental Capacity Act, if trained and qualified to do bothThere are many advantages of having one independent advocate, or one organisation, providing both services12Slide13
When the Care Act independent advocacy duties apply
From the first point of contact, and at any subsequent stage of the assessment, the identification of a potential need for independent advocacy may arise from the person themselves, carers or family or
others
Consideration of whether a person has substantial difficulty in involvement applies throughout any subsequent part of the care and support planning and review processesThe local authority must consider whether there is anyone appropriate who can facilitate the person’s involvement, and if not, arrange for an independent advocateThere is also a separate duty to arrange an independent advocate for adults who are subject to a safeguarding enquiry or safeguarding adults review13Slide14
Providing an independent advocate where there
is
an appropriate person
There are times when an independent advocate should be provided even where the person has family or others involved. These are:when it is suspected that the family member or other person is abusing the adultwhen a placement is being considered in NHS-funded provision and the local authority believes that it would be in the best interests of the individual to arrange an independent advocatewhere there is a disagreement between the local authority and the person who would facilitate the individual’s involvement, and they both agree that an independent advocate would be beneficial to the individual
14Slide15
Summary
The local authority
must
involve the individual in the key care and support processes of assessment, care and support planning and review, or safeguarding If the individual has substantial difficulty being involved, and there is no one appropriate to support them, the authority must provide an independent advocateIndependent advocates support and represent individuals to be involved as fully as possible
This
widens the
use of independent advocacy beyond current Mental Capacity Act considerations, and will apply to people who have ‘capacity’ and to those who are judged to ‘lack capacity’
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