Advocates for social care assessments and appeals

Advocates can be:

• trained independent advocates who work for a charity or local council
• family members or friends

Independent advocates are trained professionals or volunteers. They usually work for charities.

Advocacy services are commissioned by local councils. This means you do not have to pay to use advocacy services.

Independent advocates have a lot of experience of helping people to manage issues. They understand how social care assessments, appeals and complaint processes work. They will be able to give you detailed information about your options.

How independent advocates work with you

An independent advocate can:

• listen to you and your concerns
• give you information about your options to help you make choices
• help you express what you want
• go with you to meetings to support you to say what you want
• empower you to advocate for yourself

An advocate will work with you on the issue you need support with. When that issue is finished, they will not work with you any more. But they will help you find ongoing support if you need it.

An advocate will not:

• make decisions for you but they will help you find out all the information you need to make your own decision
• give their personal opinion
• give ongoing emotional support but they will help you find emotional support if you need it
• manage your admin (you might need to manage your phone calls, emails and letters but they can help)

An advocate will not usually speak on your behalf or represent you like a lawyer might, unless you ask them to. But they will help you to represent yourself and work out what you want to say.

Statutory advocate

In some situations, you might have a legal right to an advocate. This is called statutory advocacy. This is usually because of a mental health condition or learning difficulty. You could be eligible if you find it hard to say what you need, understand information or make choices.

Statutory advocates have specialised training and qualifications. These include:

• Independent Mental Health Advocates (IMHA)
• Independent Mental Capacity Advocates (IMCA)
• Relevant Person’s Paid Representatives (RPPR)
• Care Act advocates
• NHS complaints advocates

Find more about statutory advocates (POhWER)

If you are entitled to a statutory advocate, your local council must provide one for you.

Find your local council (GOV.UK)

You can also ask a family member or friend to be your advocate.

An advocate should always act on your behalf. If you do not think your friend or family member would be able to do this, you do not have to accept them as your advocate.

If they do not want to be your advocate, you can still get support from an independent advocate.

There is no official application to become an advocate. If you ask someone to be your advocate and they agree, tell the local council so they can plan meetings at a time that suits you both.

If you have a complicated case, try to get a trained advocate.

Being an advocate for a disabled friend or family member

Advocates must support you to speak up for what you want. They should be someone you trust. If you have any concerns about an advocate, you can:

• ask to work with another advocate instead
• make a complaint about them

All independent advocacy services will have details about how to make a complaint. You can find more information and contact details on their websites.

Tell the local council that you have an advocate. This means they can arrange meetings for a time that suits you and your advocate.

If you ask someone to be your advocate for an issue like a social care needs assessment, they will only be your advocate for that issue. When the issue is finished, they will not be your advocate any more.

You will have to tell the local council you have an advocate, even if the same person has been your advocate before.

The Care Act 2014 says that your local council must make sure that you have an advocate if you find it hard to:

• understand information
• remember information
• use information to choose between options
• say what you want, think and feel

You can ask for an advocate even if:

• you have not had one before
• you need one now because of something that has happened recently
• you need one sometimes, but not all the time

If you need an advocate, your local council must make sure that you have one. They may ask if you have a family or friend who can be your advocate.

You do not have to accept anyone your local council suggests. If you do not want them, your local council must find someone else.

The law says that your advocate cannot be your paid carer. This does not include someone receiving Carer’s Allowance.

Asking your local council for an advocate

If you are eligible and do not already have an advocate, your local council must provide one.

You can ask your local council for an advocate at any time.

If your social worker knows that you need an advocate, this should happen before your assessment.

If you do not have a social worker, you can still ask your local council for an advocate.

Write to your local council saying why you need someone to support you. Keep a copy of your request. If you prefer to do this over the phone, follow up with an email, so they have your request in writing.

If your local council does not provide an advocate for you, you can contact an independent advocacy service.

Local council websites have information about the advocacy services that they commission in your area. Search for ‘advocacy’ on your local council’s website.

Find your local council (GOV.UK)

You can then contact the advocacy service in your area.

Other ways to find an advocate

All local councils must provide statutory advocates for the people who need them. But not all local councils have all the other types of advocates. This means there might not be the type of advocate you need in your area.

You can still contact an advocacy service for help. They will tell you about organisations that might be able to help you get what you need.

Contact Citizens Advice to find advocacy services in your local area.

Find your local Citizens Advice

Disability Rights UK has a list of advocacy services across the UK. Some of them might have services in your area.

Advocacy (Disability Rights UK)

If your social care assessment or appeal is for a mental health condition, you could try advocacy services from:

• Mind
• Rethink

Ask to have your assessment or appeal on a different day. Your assessment or appeal should be at a time that suits you and your advocate. 

If your local council refuses, email to explain why you need an assessment with an advocate.

If they refuse again, you could:

• say you are going to complain
• ask them to refer you for a statutory advocate

If these things do not help, make a formal complaint.  

Challenging or complaining about social care

You may need legal advice if:

• you want to know what your legal rights are
• you want to know how the social care system should work
• your formal complaint was not resolved

A specialist statutory advocate should be able to answer questions about your rights or social care. But they are not lawyers and cannot take a legal case for you.

Some solicitors may offer free advice.

Check if you can get legal aid (GOV.UK)

Finding free or affordable legal help (Citizens Advice)

Find your local Law Centre

You may also be able to get legal support through your:

• home insurance company
• union membership
• charity membership

No win, no fee solicitors may also be an option.

But you may have to pay for legal advice.

Find a lawyer 

The Law Society website has a tool where you can search for different types of lawyers near you. 

You can also refine the results based on access to their building including whether they:

• have induction loops
• provide British Sign Language interpreters
• have step-free access
• accept Legal Aid

Find a solicitor on The Law Society website

If you cannot get help from a lawyer

You can still get information and support from:

• the Scope helpline
• Citizens Advice