Advocacy helps people to be heard, understand decisions, and have their rights respected. It is a key legal safeguard that ensures adults can participate fully in decisions about their care, support and safety.
What is Advocacy?
Advocacy is independent support that helps a person to:
- Understand information
- Express their views, wishes and feelings
- Take part in decisions about their life
An advocate:
- Works alongside the person
- Is independent of services
- Does not make decisions for them
- Supports their voice, rights and wellbeing
Why Advocacy Matters in Safeguarding
Advocacy is central to Making Safeguarding Personal (MSP). It ensures:
- The person’s voice is heard
- Decisions reflect their outcomes and wishes
- Safeguarding is rights‑based and proportionate
When Must an Advocate Be Provided? (Care Act 2014)
The local authority has a legal duty to arrange an independent advocate where both apply:
1. Substantial difficulty
The person has difficulty:
- Understanding information
- Retaining information
- Using or weighing information
- Communicating their views
AND
2. No appropriate individual
There is no family member or friend who is:
- Able and willing to support them
- Appropriate and independent of care provision
➡️ Where these conditions are met, advocacy must be provided (it is not optional).
Where the Duty Applies
Advocacy must be considered and, where required, arranged for:
- Needs assessments
- Care and support planning
- Reviews
- Safeguarding enquiries and processes
Types of Statutory Advocacy
Care Act Advocacy
Supports people to be involved in care, support, and safeguarding decisions where they meet the legal test above.
Independent Mental Capacity Advocacy (IMCA)
Required under the Mental Capacity Act 2005 where a person lacks capacity and has no appropriate representation in specific decisions (e.g. serious medical treatment or accommodation).
Role of the Advocate
An advocate will:
- Help the person understand information and options
- Support them to communicate their views and wishes
- Enable them to challenge decisions if needed
- Ensure their rights are upheld
Advocates support involvement, not decision‑making.
Advocacy in Warrington
In Warrington, the main commissioned independent advocacy service is:
👉 Warrington Speak Up Advocacy Hub
They provide information about:
- Types of advocacy available
- Eligibility and access
- How to make a referral
Practitioners should:
- Consider advocacy at the earliest point of contact
- Record decisions about:
- Substantial difficulty
- Availability of an appropriate individual
- Arrange advocacy without delay where required
Key Practice Message
Advocacy is a statutory safeguard, not an optional add‑on.
It ensures adults are able to participate in decisions about their lives, care and safety, in line with the Care Act 2014.