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Advocacy

Advocacy services that are provided by the commissioned service, CIIAS, delivered by Rethink Advocacy, Details about eligibility and how to refer into the services.

Advocacy

The Camden and Islington Integrated Advocacy Service (CIIAS) is delivered by Rethink Advocacy.

CIIAS provides the following advocacy services:

Court of Protection 1.2 Representative (CoP); Deprivation of Liberty Safeguards (DoLS); Independent Care and Support Advocacy under the Care Act (ICSA); Independent Health Complaints Advocacy (IHCA); Independent Mental Capacity Advocacy (IMCA)    Independent Mental Health Advocacy (IMHA); Non-statutory Advocacy; and co-ordination of Paid Relevant Person Representatives (PRPR),

The Camden and Islington Integrated Advocacy Service Local Operating Procedure (LOP) provides details about eligibility criteria, how to make a referral and how referrals are allocated.  

Independent Care and Support Advocacy (Care Act Advocacy) ICSA

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 page provides Practitioners 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 (Care Act Advocacy) ICSA?

A Care Act advocate is for people who do not have an appropriate person available to represent their views and support their involvement. The advocate helps individuals to understand, retain, and engage with information, as well as express their own views, wishes, and feelings in decision-making processes.

A Care Act advocate, or Independent Care and Support Advocate (ICSA) supports people who experience substantial difficulty in being actively involved in Local Authority processes.

The Care Act statutory guidance, states that the role of a Care Act Advocate is to 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.

Eligibility criteria for ICSA

To qualify for Independent Care and Support Advocacy, specific criteria apply based on the person's level of difficulty in engaging with care processes AND their lack of an appropriate person to consult.    

  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.

  1. No Appropriate Person to Consult

A 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
  • They have 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

When Care Act Advocacy must be provided

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 Practitioners can support the advocacy process

It is vital that Practitioners understand when to identify and refer a person for Care Act advocacy.

Some best practices are:

  • 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.

Empowering individuals and the role of Care Act advocacy

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.

A person may be eligible for Care Act advocacy to help ensure their voice is central to the safeguarding process where they have shown significant difficulty. This could apply to the alleged victim or alleged perpetrator.

By understanding the eligibility criteria for Independent Care and Support Advocacy (ICSA) and knowing when and how to arrange for an advocate, Practitioners can play a key role in upholding the values of empowerment, respect, and person-centred care.

For Practitioners, Care Act advocacy represents a vital commitment to ensuring that every person has a voice in their care journey.

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.

Last updated: 19 November 2024