There will be situations in which a person could potentially be referred to either an IMCA or an independent advocate under the Care Act (or both). Theoretically, a local authority could appoint one advocate as an IMCA and a different person acting as an independent advocate under the Care Act as the local authority must meet its duties in relation to both sets of legislation: one duty does not ‘trump’ the other. However, this is not likely to be beneficial to either the individual needing advocacy or the local authority. Depending on the audience, it may be useful to explore with learners how they could undertake both advocacy roles, or, whether the local authority might commission an organisation(s) to provide both types of advocacy, and the advantages of doing so.
In general, advocacy should be seamless for people who need it, so that they can benefit from the support of one advocate for their whole experience of care and support or safeguarding. It rarely makes sense to have one advocate for assessment and another for care and support planning.