Blocked from accessing advocacy - what can I do?

Law and practice Other
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I’m supporting someone who is under social care and S117 aftercare. Despite reported, clear requests, no-one will answer my question about how to access an independent advocate. I’ve asked directly and in writing, but I’m being ignored.

I believe there’s a legal entitlement to advocacy under the Care Act 2014 (and potentially IMHA or IMCA routes too), especially when the person struggles to understand or express their views. But I’m hitting a wall.

I’d really appreciate advice from others who have navigated this. I want to make sure the person’s rights and voices as respected.

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I’d suggest you write again, give them a deadline and say if they don’t reply you’ll make a formal complaint and are willing to include the Ombudsman if necessary. If your relative is open to a particular team, if you can find the name of the team manager, cc them.

good luck!

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https://www.mind.org.uk/information-support/legal-rights/leaving-hospital/section-117-aftercare/#WhatKindsOfServicesAreCovered

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Good morning,

Have you contacted your local advocacy service?

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If I understand correctly, advocacy can be provided by anyone, including family and friends or other supporters (such as yourself?). As long as the patient gives permission to share confidential information.

Also Rethink offers community advocacy and has an advice line.
Rethink Advocacy | About community advocacy

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Hello,

s67 of the Care Act 2014 relates to the advocacy duty under the CA:

67 Involvement 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.

Additional guidance can be found in chapter 7 of the statutory guidance Care and support statutory guidance - GOV.UK .

If the LA is refusing to provide an independent advocate to support, in any of the functions described in para 3 (above), I would suggest contacting the LA to request they provide the reasons for not providing in writing (see para 4). If you have no luck, I would consider supporting the person to make a formal complaint to the LA.

I hope this helps.

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I`m grateful to everyone who responded. Your insights helped clarify the statutory duty, and the LA is now beginning to take steps. It’s early days—still no formal resolution—but movement is happening, and that’s something.

Appreciate the support. It’s made a real difference.