Independent Advocacy Care Act 2014

Cheshire Advocacy Service

Independent Advocacy Care Act 2014

Referral Information and Form

The Care Act 2014 was introduced to promote the wellbeing of individuals and their carers to help them achieve the outcomes that matter to them in their everyday lives.

The key principle of WELLBEING applies in all cases where the Local Authority is carrying out a care and support function or making a decision in relation to a person with care and support needs or their carer.

Under the Care Act 2014 the Local Authority HAS A DUTY to provide independent advocacy to adults who need care and support and carers of adults (including young carers).

Not everyone is entitled to an independent advocate. Two conditions must be met:

1. The person has substantial difficulty being fully involved within assessment, care and support planning and review and safeguarding

AND

1. There is no one appropriate and available to support and represent their wishes

Substantial difficulty (only one need apply)

• Understanding relevant information
• Retaining information
• Using/weighing up the information (as part of being involved in the key process)
• Communicating their own wishes, views and feelings

Appropriate to support:

• Consents to providing support
• Person requiring support consents to that person supporting them

Inappropriate to support:

• Appropriate person declines the role
• Person requiring support refuses the support of the person
• Potential appropriate person has their own strong views on care and support required that may differ from the person requiring the care and support.
• Is or may be involved in abusing the person requiring support

The Local Authority MUST arrange independent advocacy even if the person has appropriate support when:

• The exercising of the care assessment /planning function might result in a placement in either NHS funded provision in hospital for 4 weeks or more OR a care home for 8 weeks or more AND the Local Authority believes that it would be in the individual’s best interests to appoint an advocate.
• There is disagreement relating to the individual between the Local Authority and appropriate person AND both agree that it would be in the individual’s best interests to appoint an advocate.
• An individual makes an appeal against the Local Authority decision.

The Advocates involvement can be in one or more of the following key areas:

•Assessment Process (eligibility)

•Care and Support Planning

• Support person to write plans themselves
• Represent the person (with capacity)
• Represent the person (without capacity)

•Review Process

• Initial review (at 6-8weeks)
• Subsequent review (no later than 12mths after assessment)

•Safeguarding Enquiries/ Reviews.

•Appeals process (NB - still under consultation)

The Advocate’s role is to:

• Help the individual understand the process and their rights
• Communicate individuals’ views, wishes and feelings
• Help the individual make decisions in the course of being involved in care and support arrangements
• Challenge decisions made by the Local Authority if the individual wishes
• Provide the individual with support and represent them in safeguarding

Please also note:

• Where an independent advocate is provided the Local Authority must still consult with family and friends when the individual asks them to.

• Individuals’ statutory right to /professionals’ duty to refer for an Independent Mental Capacity Advocate (IMCA) OR Independent Mental Health Advocate (IMHA) are not affected by the new duties under the care Act 2014.

Contact Details for Independent Advocacy Service-Cheshire East

How to refer for a Care Act advocate:

There are a number of advocacy providers in Cheshire East area who will be providing the Care Act advocacy service dependent upon the needs of the individual service user. Please see below for the appropriate referral point.We would prefer referral forms to be emailed password protected for data protection reasons.

Client Group-Older People 65yrs and over:

Age UK Cheshire

Manager:Clare DoddsContact:Kathryn Booth

314 Chester Road, Hartford, Northwich, CW8 2AB

Tel: 01606 305004 (Direct Line) 01606 881660 (General Switchboard)

E-mail:

Client Group-Mental Health 18-64yrs:

Cheshire East Citizens Advice Bureau - North

Manager:Jacquie Grinham

Advocacy for Mental Health, Springbank Centre, Victoria Road, Macclesfield, SK10 3LS

Tel: 01625 663142

E-mail:

Cheshire East Citizens Advice Bureau

Manager:Jill Hamilton-SmithContact/Advocate:Adrian White

The Gables, Beam Street, Nantwich, Cheshire, CW5 4NF

Tel: 01270 303 005

E-mail:

Client Group: Mental Health – 18-64yrs

Client Group-Learning Disability:

East Cheshire Advocacy

Advocates: Hayley Carr, Dave Corp, Christine Abbott

81 Park Lane, Macclesfield, SK11 6TX

Tel: 01625 429922

Email:

Independent Advocacy Cheshire

Advocates: Dave Corp and Christine Abbott

Sension House, Denton Drive, Northwich CW9 7LU

Tel: 01606 42688

Client Group: Learning Disability

E-mail:

Client Group- Physical Disability & Acquired Brain Injury18-65 yrs

Cheshire Centre for Independent Living (CCIL)

Manager:Lindsey Walton-Hardy

Sension House, Denton Drive, Northwich CW9 7LU

Tel: 01606 331853 / 0845 3402777

Email:

CHESHIRE INDEPENDENT ADVOCACY CARE ACT

REFERRAL

Forward the completed referral document to the appropriate advocacy service in your area

How does the person prefer to communicate?

Referrer

All the following questions must be answered:

ISSUE:

ELIGIBILITY:

SUBSTANTIAL DIFFICULTY(only one need apply)

.

I confirm that there is no one appropriate OR available to support and represent the client /carer

Please see page 1 above for guidance and detail below any issues relating to inappropriateness of family/friends

Please describe the decision to be made

Is there any information the advocate needs in order to keep the person and/or the advocate safe (e.g. health or behaviour issues?)

Signature …………………………………. Date ......

CIAS EAST CARE ACT REFERRAL FORM MARCH 2015