Statutory advocacy is provided when a person has a legal right to an advocate. This is set out in law, including the Care Act 2014 and the Mental Capacity Act 2005.
Statutory advocates are independent. They support people who may find it difficult to take part in decisions or express their views because of their circumstances. Their role is to make sure the person is involved, heard, and understands their rights.
Non-statutory advocacy is not required by law, but it is still an important source of support.
It is available to people whose situation is not covered by legal duties. Non-statutory advocates help individuals to speak up for themselves and have their voice heard.
Non-statutory advocacy can be provided by paid staff or volunteers, and support may be offered for a longer period depending on the person’s needs.
The Local Authority must consider arranging an Independent Care Act Advocate when supporting an adult or carer through:
- A needs assessment for an adult
- A carer’s assessment
- Care and support planning
- A review of a care and support plan
- A review of a carer’s support plan
- Transition assessments for young people moving into adult services
- Assessments for young carers
- A safeguarding enquiry
- A Safeguarding Adults Review
Who is eligible for an advocate?
An Independent Care Act Advocate must be arranged if both of the following apply:
1. The person has substantial difficulty engaging in the process
This may include difficulty with one or more of the following:
- Understanding information
- Remembering information
- Weighing up or using information
- Communicating their views, wishes and feelings
and
2. There is no appropriate person to support them
This means there is no one suitable to help the person take part, for example:
- Family or friends live far away
- There are no regular visitors
- Those involved do not have time or do not understand the process
- The person does not want support from a particular individual
The person’s wishes must always be respected. If they do not want support from someone, that person cannot be considered appropriate. Paid staff cannot act in this role.
When is an advocate still required?
A person may still be entitled to an advocate, even if there is someone to support them, if:
- A long-term placement is being considered, for example a hospital stay over 4 weeks or a care home stay over 8 weeks
- There is disagreement between the Local Authority and the person supporting them, and an advocate would help
What does an Independent Care Act Advocate do?
An advocate supports the person to be fully involved and heard. This includes:
- Helping them understand the process
- Supporting them to express their wishes, views and feelings
- Helping them take part in decisions and challenge decisions if needed
- Explaining their rights
- Looking at relevant records where appropriate
- Speaking to others involved, with permission, or in their best interests if they lack capacity
- Consulting family or others where appropriate
- Supporting and representing them in safeguarding processes
Age UK, Berkshire
Address: Broad Street Mall, Reading, RG1 4QA
10am – 3pm, Monday to Friday
Tel: 0118 959 4242
Lines are open between 9am- 4.30pm, Monday to Friday.
Website: www.ageuk.org.uk/berkshire
Email: info@ageukberkshire.org.uk
Support for people age 50+ their families/ carers.
Telephone and face to face support available.
Areas include benefits, utilities, adult social care, blue badges etc.
Age UK, Reading
Address: Office 49, 62 Portman Rd, Reading, RG30 1EA
Phone number: 0118 950 248
Email: info@ageukreading.org.uk
Website: www.ageuk.org.uk/reading
Non statutory advocacy offered when required.
Helping older people navigate complex problems and sometimes making representation to agencies on their behalf.
Berkshire Women’s Aid
Helpline: 0118 950 4003
Office hours: Monday - Friday 9- 5pm
Emergency calls answered out of hours.
Email: helpdesk@bwaid.org.uk
Website:www.berkshirewomensaid.org.uk
Support for any victims/survivors of domestic abuse and their children.
Telephone and face to face support available.
Safe accommodation, emotional support, legal remedies, housing finances and benefits with signposting and referrals to other specialist agencies as required.
British Red Cross Refugee Service
Address: 90 Eastern Avenue, RG1 5SF
Email: tvrefugeesupport@redcross.org.uk
Website: www.redcross.org.uk
Tel: 0300 333 5393
Refugees, those seeking asylum and vulnerable migrants.
Access to asylum support,
Children and adult social services health and well-being services includes making statutory referrals, follow-up and advocacy.
Access to emergency provisions.
Citizens Advice Reading
Address: 40 Minster Street, Reading RG1 2JB
Website: https://www.citizensadvicereading.org/
Get help
Tel: 0808 278 7819
Advice with:
- Benefits
- Debt and money
- Energy and ‘cost of living’
- Employment and Work
- Family and Relationships
- Housing
- Immigration (IAA level 1 only)
- Legal matters
CommuniCare
Address: 233 Kings Road, Reading, Berkshire, RG1 4LS
Email: office@communicare.org.uk
Tel : 0118 9263941
Website: www. communicare.org.uk
Informal advocacy giving necessary support to the vulnerable and marginalised
Daily drop-in service at the CommuniCare Advice Centre.
welfare benefits (applications & appeals), housing & employment.
Launchpad
Email: enquiries@launchpadreading.org.uk
Call: 0118 950 7656
Address: Launchpad, The Stables., 1A Merchants Place, Reading, RG1 1DT
Monday, Wednesday and Friday – 10am to 2pm.
Housing support
Finance support
Signposting to external agencies such as mental health, social services, physical health services.
Reading Community Welfare Rights Unit
Address: 135 Cardiff Rd, Reading, RG1 8JF
Website: readingspecialist.co.uk/
Contact Us portal on: website.
Tel: 0118 955 1070 or 07391 554 684
Assisting clients with welfare benefits issues.
Will act as a representative to help clients tell their story/express their issue.
Advising of entitlement to benefits,
Reading Mencap
Address: 21 Alexander Street, RG1 5PE
Website: www.readingmencap.org.uk
Email: office@readingmencap.org.uk
Tel: 0118 966 2518
Informal advocacy with information and advice on all aspects of living with learning disability or autism.
Reading Refugee Support Group
Tel: 01189 505 356
Email: info@rrsg.org.uk
Monday – Thursday: 10:00am – 4:00pm
Friday, Saturday & Sunday: Closed
Monday morning Drop-in or through booking an appointment.
Representing asylum seekers and refugees with the Home Office, Reading Council, DWP, etc.
Stepping Forward
Address: 12A Southview Park, Marsack St, Reading, RG4 5AF
Website: www.stepping-forward.org.uk/
Email: info@stepping-forward.org.uk
Disability Advice & Support
Assisting clients with welfare benefits issues.
Will act as a representative to help clients tell their story/express their issue.
Advising of entitlement to benefits
Some informal advocacy – attending meetings, doctors, etc as requested.
Total Communication
Website: www.totalcommteam.com
Referrals: via Make a Booking — Total Communication
Both Statutory and non-statutory advocacy.