Advocacy · England
Help with care decisions
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The Care Act is a law about care and support.
It gives some people a right to an independent advocate.
An advocate helps you understand information.
They help you explain your wishes.
Independent means the advocate can question decisions by the service.
The council must arrange an advocate in some situations.
This can include looking at your care needs or care plan.
You might find it very difficult to take part.
You might need help to understand, remember or think about information.
You might need help to explain your views.
The council checks whether someone suitable can support you.
This could be a friend or relative.
They must help you take part and explain your views.
If you can choose, you must agree to this person helping you.
Someone providing your care or treatment as their job cannot fill this role.
You may have a right to an advocate if no suitable person can help.
Sometimes the council must arrange an advocate even when someone can help.
Ask the council to check your situation.
Advocacy can also help when services look into abuse or neglect.
This work to help keep people safe is called safeguarding.
Some young people can get advocacy when preparing for adult services.
Some carers can get advocacy when the council checks their support needs.
Ask the council to explain its decision about advocacy.
You can ask for this explanation in a way you understand.
What you can do next
Tell the council what makes taking part difficult.
Ask it to check your right to an independent advocate.
Find your council Web pageFuller informationThis link opens another website.
It may use harder words.
Care Act advocacy: help to be heard
Independent support with care assessments, planning, reviews and safeguarding.
Care Act involvement, including specified transition assessments · England
When the main duty applies
The council must arrange independent advocacy for relevant Care Act processes if you would have substantial difficulty taking part and there is no appropriate person to support your involvement. Having a learning disability does not, by itself, decide eligibility.
What substantial difficulty means
This can involve understanding information, remembering it, weighing it up, or communicating your views, wishes and feelings. You do not have to lack mental capacity to qualify.
Assessments, plans and reviews
Section 67 covers specified needs and carer assessments, care and support planning, and plan reviews. It also covers specified assessments of a child’s needs, a child’s carer or a young carer when preparing for adult services.
Safeguarding enquiries and reviews
Section 68 applies the advocacy duty to relevant adult safeguarding enquiries and safeguarding adults reviews. This is separate from the IMCA safeguarding route; a person may qualify under more than one framework.
Whether someone else can support you
A suitable friend or relative must be willing and able to support your involvement. Someone providing your care or treatment professionally or for payment cannot fill this role. If you can decide, you must agree to that person supporting you. Conflict or involvement in alleged abuse may make someone unsuitable.
Ask for a proper check
There are exceptions where advocacy can still be required despite an appropriate person being available. Ask the council to explain its decision and how it will support you. If this duty does not apply, ask about local non-statutory advocacy.
Words you could use
“I find it difficult to take part in this process. Please check my entitlement to independent advocacy under the Care Act and explain your decision.”
Where the information comes from
Links checked 26 October 2026.
These links open other websites.
They may use harder words.
- Care Act 2014, section 67 Web page
Advocacy for specified assessments, planning and reviews, including transitions.
- Care Act 2014, section 68 Web page
Independent advocacy for adult safeguarding enquiries and reviews.
- Care and support statutory guidance: chapter 7 Web page
The substantial-difficulty test, appropriate individuals and exceptions.