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Independent Advocate

Section 67 of the Care Act creates a statutory duty on the local authority to appoint an advocate to facilitate the involvement of a person in their assessment; the preparation of their care and support plan; the review of their care and support plan; and 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.