Are more (or different) people likely to require an independent advocate because they have ‘substantial difficulty’ under the Act than previously accessed advocacy in your local area?
Does your local authority have a sufficient pool of people who can work as independent advocates under the Act?
Interface with the Mental Capacity Act 2005
Notes The MCA is about protecting and promoting the rights of people where someone is unable to make a decision because of the way their mind or brain works is affected, for instance by illness or disability. The lack of capacity may be temporary because they are unconscious or barely conscious whether due to an accident, being under anaesthetic or as a result of other conditions such as the effects of drugs or alcohol. The lack of capacity may be long term, but still may be enhanced with the right level of support.
All staff assessing care and support needs, and undertaking care planning and reviews – as well as all Care Act independent advocates - are expected to understand the MCA and to apply it, including understanding how the MCA interfaces with the Care Act. In term of knowledge, they need to understand:
the five MCA principles:
every adult has the right to make his or her own decisions and must be assumed to have capacity to make them unless it is proved otherwise