Search Legislation

Care Act 2014

Status:

This is the original version (as it was originally enacted).

Independent advocacy support

67Involvement 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.

(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.

(7)Regulations may make provision in connection with the making of arrangements under subsection (2); the regulations may in particular—

(a)specify requirements that must be met for a person to be independent for the purposes of subsection (2);

(b)specify matters to which a local authority must have regard in deciding whether an individual would experience substantial difficulty of the kind mentioned in subsection (4);

(c)specify circumstances in which the exception in subsection (5) does not apply;

(d)make provision as to the manner in which independent advocates are to perform their functions;

(e)specify circumstances in which, if an assessment under this Part is combined with an assessment under this Part that relates to another person, each person may or must be represented and supported by the same independent advocate or by different independent advocates;

(f)provide that an independent advocate may, in such circumstances or subject to such conditions as may be specified, examine and take copies of relevant records relating to the individual.

(8)This section does not restrict the provision that may be made under any other provision of this Act.

(9)“Relevant record” means—

(a)a health record (within the meaning given in section 68 of the Data Protection Act 1998 (as read with section 69 of that Act)),

(b)a record of, or held by, a local authority and compiled in connection with a function under this Part or a social services function (within the meaning given in section 1A of the Local Authority Social Services Act 1970),

(c)a record held by a person registered under Part 2 of the Care Standards Act 2000 or Chapter 2 of Part 1 of the Health and Social Care Act 2008, or

(d)a record of such other description as may be specified in the regulations.

68Safeguarding 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.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources