Kirklees

Care Act Advocates are specially trained to help people understand their rights under the Care Act 2014. They provide support with a range of processes, including care assessments, care reviews, care planning, and safeguarding. 

They support adults who need care, carers, and children transitioning to adult care services. Their role is to help people who find it difficult to navigate the social care process to understand their rights, and ensure that those without someone to speak on their behalf remain involved in their care. 

Independent Mental Health Advocates (IMHAs) are specially trained in the Mental Health Act 1983 to support people with decisions about mental health care and treatment. A person can access IMHA support if they have been detained under the Mental Health Act, are at risk of being detained under it, are on a Supervised Community Treatment Order (CTO), or are subject to a Guardianship Order.  

An IMHA can help by, for example, supporting people to understand their rights, assisting them to access care and treatment records, and attending meetings. 

Independent Mental Capacity Advocates (IMCAs) are trained professionals who provide support to people who lack capacity, as outlined in the Mental Capacity Act 2005, regarding certain decisions. This includes where a decision needs to be made about a change in accommodation, serious medical treatment, safeguarding, or care reviews.  

The IMCA’s role is to help ensure that the person’s views and wishes are respected and taken into consideration throughout the decision-making process. 

If someone is formally assessed as lacking capacity to make decisions about their care and accommodation, a Deprivation of Liberty Safeguards (DoLS) authorisation can be put in place by the local authority. This allows a hospital or care home to lawfully deprive the person of their liberty.  

A Relevant Person’s Representative (RPR) is there to ensure that the person’s rights, views and wishes are respected while they are subject to a DoLS authorisation. The RPR’s role is to keep in regular contact with the person and check that things aren’t too restrictive for them. The RPR can also help the person request a review of care, or access legal support to ask the Court of Protection whether they should be deprived of their liberty. 

There are several roles for Independent Mental Capacity Advocates (IMCAs) to support and represent people under the Deprivation of Liberty Safeguards (DoLS):   

• A 39A IMCA is appointed to support a person during a DoLS assessment carried out by the local authority. The IMCA will visit the person, consult with the Best Interest Assessor, and provide a written report including the person’s views, wishes, and any important factors that should be taken into account. 

• A 39C IMCA is appointed when there is a temporary gap in the appointment of the RPR under the DoLS. During this time, the 39C IMCA takes on the role of the RPR, ensuring the person’s rights are protected and their views and wishes are represented until a new RPR is in place. 

• A 39D IMCA provides support to the person subject to a standard authorisation under the DoLS, as well as to their unpaid RPR. They help ensure the person’s views and wishes are heard and represented throughout the authorisation process, offering advocacy and guidance as needed. 

Independent Health Complaints Advocates (IHCAs) support people who want to make a complaint about NHS or NHS-funded services. IHCAs help ensure the person’s voice is heard, help them understand their rights, and guide them through the process to ensure their concerns are properly addressed. People can have help from an advocate at any point in the complaints process. 

The Advocacy Hub provides non-statutory advocacy specifically for people with mental ill-health. This helps people who use mental health services to make their voices heard in planning and decision-making processes that affect them. People with mental ill-health can be referred by other providers or self-refer for this kind of advocacy support.

Our community advocates are trained to support people with lots of different needs to have their voices heard. This is often provided on a one-to-one basis and focused on a particular issue someone is facing or a need they have – for example, around benefits, housing or mental health support needs.