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Key learning point

Both the Care Act and the Mental Capacity Act recognise the same areas of difficulty, but the test with the MCA is whether the person ‘lacks capacity’ to make specific decisions, whereas with the Care Act it is having ’substantial difficulty’.


  • Using your experience, can you think of an example of someone who would meet the ‘substantial difficulty’ criteria but who does not ‘lack capacity’?

  • What are the current local arrangements for providing independent advocacy? Will they need to change?

  • The regulations have been designed to enable independent advocates to be able to carry out both roles. What are the overlaps in both roles?

In both Care Act and IMCA roles, independent advocates:

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