Advocates in social care

How could an advocate help me with social care?

Advocates are independent from local authorities and the NHS. They're trained to help you understand your rights, and express your views and wishes. And to help make sure your voice is heard.

If you're entitled, you should have the support of an advocate in these situations:

• The local authority is looking at whether you qualify for help because of disability or illness. This is called a needs assessment.
• The local authority is deciding what kind of help you need. This is called a care planning process.
• A care plan is being updated or changed.
• The local authority believes you might have been abused or you're at risk of abuse. The local authority will do safeguarding enquiries and reviews for these situations.

The law on entitlement to social care advocacy is different in England and Wales. 

In England, the relevant legislation is the Care Act 2014. So you might hear advocates referred to as Care Act advocates. 

In Wales, it's the Social Services and Wellbeing (Wales) Act.

The local authority should consider whether you have any difficulties that mean you should have an advocate. They should consider this from the start of their involvement with you.

Am I entitled to an advocate in England?

The Care Act 2014 says that, when decisions are made about your social care, it's important that:

• You should be able to participate as fully as possible
• Your views, wishes, feelings and beliefs should be taken into consideration
• All your relevant circumstances are taken into account

The law says that you need an advocate if you have substantial difficulty in any of these areas:

• Understanding relevant information
• Retaining information
• Using or weighing information, such as seeing the advantages or disadvantages in different options
• Communicating your views, wishes and feelings

Local authorities have a duty to involve you in decisions about your care and support. If you have difficulty being involved in these decisions, your local authority must provide an advocate. This is unless there is someone else suitable to support you.

When doesn't the local authority have to provide an advocate?

The local authority doesn't have to provide you with an advocate if there's an appropriate person to support and represent you. This could be a:

• Family member
• Unpaid carer
• Friend

Someone cannot be an appropriate person if:

• They're your professional or paid carer
• You don't consent to them being your appropriate person
• You lack the capacity to decide whether they should be your appropriate person, and the local authority considers it's not in your best interests for them to be your appropriate person

Am I entitled to an advocate in Wales?

In Wales, the law says that local authorities don't have to provide you with an advocate when carrying out their functions under the Social Services and Well-being (Wales) Act 2014.

But local authorities must consider arranging for an independent advocate to help and represent you if don't have an appropriate individual who can help.

An appropriate individual could be:

• A family member
• A friend
• Someone from your wider support network

Published: December 2024

Next review planned: December 2027 

References and bibliography available on request.

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