Independent Care and Support Advocacy - Care Act Advocacy (ICSA)

In social work and social care, understanding the role and eligibility criteria for Care Act advocacy is crucial. The Care Act 2014 introduced Independent Care and Support Advocacy (ICSA) to ensure that people who face significant challenges in engaging with Local Authority processes have the support they need to participate fully in decisions that affect their lives. This guide provides social workers and social care workers with the information needed to identify when an individual qualifies for Care Act advocacy and outlines the core responsibilities and legal requirements associated with it.

What is Independent Care and Support Advocacy (ICSA)?

The role of a Care Act advocate, or Independent Care and Support Advocate (ICSA), is to support people who experience substantial difficulty in being actively involved in Local Authority processes. This is especially critical for those who do not have an appropriate person available to represent their views and support their involvement. The advocate helps individuals understand, retain, and engage with information, as well as express their own views, wishes, and feelings in decision-making processes.

Eligibility Criteria for ICSA

To qualify for Independent Care and Support Advocacy, people must meet specific criteria based on their level of difficulty in engaging with care processes and their lack of appropriate support. Eligibility depends on both substantial difficulty and the unavailability of a suitable representative.

1. Substantial Difficulty in Engagement

The Care Act outlines four areas where a person may experience substantial difficulty:

Understanding relevant information: The person has trouble processing information related to their care.

Retaining information: The person may not be able to remember information long enough to make informed decisions.

Using or weighing up information: The person struggles with evaluating information to reach a decision.

Communicating their views, wishes, or feelings: The person finds it challenging to express themselves clearly.

For an person to qualify for ICSA, they must experience substantial difficulty in at least one of these areas.

 

2. No Appropriate Person to Consult

An person may not have anyone "appropriate to consult" if:

They do not have family, friends, or others who are able and willing to support them.

The available person has a professional or paid role with the adult, which could conflict with independent representation.

The adult has expressed a desire not to be supported by a specific person.

The available person is implicated in a safeguarding concern or otherwise unsuitable to support the adult’s involvement.

According to Care Act statutory guidance, the role of a Care Act advocate is not only to represent the individual but to facilitate the person’s active involvement in decisions about their care, rather than merely serving as a point of consultation.

When Care Act Advocacy Must Be Provided

Under the Care Act 2014, there is a statutory duty to provide Care Act advocacy in the following situations:

Needs Assessment (Section 9) When the Local Authority conducts a needs assessment to determine the level of support a person requires, a Care Act advocate ensures that the individual is fully informed and engaged.

Carers Assessment (Section 10) Carers have the right to an assessment of their own needs if they provide significant support to others. An advocate can support carers who face difficulties in engaging with this assessment.

Preparation of a Care and Support Plan (Section 25) An advocate is provided to help the individual participate in developing a Care and Support Plan that reflects their preferences and needs, ensuring they understand and can contribute to the plan.

Review of Care and Support Plan (Section 27) The Care and Support Plan should be regularly reviewed, and an advocate can assist individuals in engaging in this review process to ensure their needs and preferences are still accurately represented.

Safeguarding Enquiries (Section 68) When a safeguarding enquiry is initiated, the individual has the right to advocacy support if they meet the eligibility criteria. This is crucial to ensure they understand the process, can express their concerns, and are fully involved in protecting their safety and well-being.

How Social Workers Can Support the Advocacy Process

As a social worker, it’s vital to understand when to identify and refer a person for Care Act advocacy.

Some best practices:

Early Identification: Recognise signs that an person may have substantial difficulty in understanding or engaging with information. If they seem to struggle in any of the four key areas, consider arranging an advocate.

Understand and Respect the Role of the Advocate: Care Act advocates operate independently, focusing on empowering the person to make informed decisions. Respect their role and work collaboratively with them to support the person.

Build Relationships with Advocacy Services: Cultivate connections with local advocacy providers to streamline referrals and facilitate quicker access to advocacy for eligible people.

Promote the Person’s Right to Choose: Remember that a person can express preferences about their advocate, and respecting these choices can lead to more effective and person-centred advocacy.

 Conclusion: The Role of Care Act Advocacy in Empowering Individuals

Care Act advocacy is a critical component of safeguarding that allows individuals who face significant challenges to participate meaningfully in decisions that affect their lives. By understanding the eligibility criteria for Independent Care and Support Advocacy (ICSA) and knowing when and how to arrange for an advocate, social workers and social care workers can play a key role in upholding the values of empowerment, respect, and person-centred care. For social workers and social care workers, Care Act advocacy represents a vital commitment to ensuring that every person has a voice in their care journey.

Remember: Care Act advocacy is not only a legal duty but a moral responsibility to support and empower people who may otherwise be unable to advocate for themselves in critical areas of their lives.

To be eligible for an ICSA, clients will need to be ordinarily resident in Camden and Islington and their carers who meet the following criteria:

The person must have “substantial difficulty” in one or more of the following areas:

• Understanding relevant information
• Retaining information
• Using or weighing up information
• Communicating their views, wishes or feelings

They will not have anyone “appropriate to consult”:

• Statutory guidance to the Care Act makes it clear that an individual is not appropriate to consult if they have a professional/paid role with the person, the person does not want to be supported by them, they are unable or unavailable to support the person’s involvement, or the individual is implicated in a safeguarding review.
• This role is to facilitate the person’s involvement, not just be consulted about it.

There is a duty to provide Care Act Advocacy in the following circumstances:

• Needs Assessment under section 9 of the Care Act 2014
• Carers assessment under section 10
• Preparation of Care and Support Plan under section 25
• Review of Care and Support Plan under section 27
• Safeguarding under section 68

ICSA Referral Information

The CIIAS may also accept referrals for an ICSA even in cases where the eligibility criteria have not been met. In these circumstances the referrer will be required to clearly articulate why an ICSA advocate is required and that they have the authority to instruct.

See the Local Operating Procedure for full list of referral information.