An Independent Advocate is an advocate working independent of the Local Authority appointed under the Care Act. The role of a Care Act Advocate is different to the role of a general Advocate as it is not just about supporting the person to have a voice but to maximise their involvement in the whole adult Care and Support Process. Under the Care Act local authorities must involve people in decisions made about them and their care and support. No matter how complex a person’s needs, local authorities are required to help them express their wishes and feelings, support them in weighing up their options, and assist them in making their own decisions.

Many people choose a family or friend to support them in this way, but where no appropriate person exists the Local Authority has a duty under the Care Act to appoint an independent advocate, even if the person chooses not to engage with them.

Unlike general advocacy, a practitioner from the Local Authority is not able to perform the Care Act advocacy function as the advocate must be independent from the authority.

The advocacy duty applies from the point of first contact with the Local Authority and at any subsequent stage of the intervention, including:

A needs assessment;
A carer’s assessment;
The preparation of a care and support or support plan;
A review of a care and support or support plan;
A child’s needs assessment;
A child’s carer’s assessment;
A young carer’s assessment;
A safeguarding enquiry;
A safeguarding adult review; or
An appeal against a local authority decision under Part 1 of the Care Act (subject to further consultation).