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Independent Advocate

The Care Act 2014 requires that local authorities must arrange an independent advocate to facilitate the involvement of a person in their assessment, in the preparation of their care and support plan and in the review of their care plan, as well as in safeguarding enquiries and Safeguarding Adults Reviews if two conditions are met: 1) if an independent advocate were not provided the person would have substantial difficulty in being fully involved in these processes and; 2) there is no appropriate individual available to support and represent the person’s wishes who is not paid or professionally engaged in providing care or treatment to the person or their carer. This is separate from the power of the local authority to provide an Independent Mental Capacity Advocate (IMCA) where someone lacks capacity to fully participate.