Older People Living with Cancer

Peer advocates supporting older people affected by cancer

Government accept need for independent advocacy – latest amendment to Care Bill

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I’ve just returned from a weeks leave and upon checking my emails found this really welcome news about the latest amendments to the Care Bill.

I’d like to offer my warmest congratulations to Baroness Elizabeth Barker for securing this landmark amendment to the Care Bill, lets hope the government now pledges resources so local authorities can ensure this becomes a  reality with advocacy services provided for all those that need them.

This amendment is so important I have produced it in full below and would urge all advocacy services providing support to older people to contact their local MP’s to make sure they vote for this amendment when it travels through the Commons.

 

Care Bill [HL] 3.10.2013

AMENDMENTS
TO BE MOVED
ON REPORT

 

After Clause 10

BARONESS BARKER

 

Insert the following new Clause—

“Duty to provide independent advocacy

(1)   A local authority has a duty to provide an independent advocate to assist
any qualifying adult under this Act for the purposes of assessment,
supporting planning and/or review processes, or both.

(2)   An adult is a qualifying adult if—

(a)   the adult’s needs for care and support are being assessed under
section 9 or a care and support plan is being prepared for the adult
under section 25 or a review of the adult’s needs is conducted under
section 27, and

(b)   the local authority considers that without the assistance of an
advocate the adult will experience substantial difficulty in relation
to one or more of the following—

(i)   understanding, retaining, using or weighing the
information relevant to the process of assessment, care and
support planning or review;

(ii)   expressing or communicating their own views or wishes
and feelings;

(c)   the adult is an individual to whom section 11(2)(a) or 11(2)(b) of the
Act applies (refusal of assessment where an adult lacks capacity or
is experiencing, or is at risk of, abuse or neglect), or

(d)   the adult is a carer for whom the local authority is undertaking a
carers assessment in accordance with section 10(1) and the local
authority considers that without the assistance of an advocate the
carer will experience substantial difficulty in relation to one or more
of the following—

(i)   understanding, retaining, using or weighing the
information relevant to the process of assessment, support
planning or review;

(ii)   expressing or communicating their own views or wishes
and feelings.

(3)   Regulations may be made to—

(a)   the appointment of advocates;

(b)   the skills or qualifications of advocates;

(c)   the duties of advocates;

(d)   the right of access for advocates to the adult;

(e)   the duty to take account of representations by the advocate on
behalf of the adult;

(f)   the right of access for advocates to the adult’s relevant personal
data including records held by local authorities and health
authorities;

(g)   additional circumstances in which an advocate must be provided

 

More information on this and other recent amendments can be found here. http://services.parliament.uk/bills/2013-14/care/documents.html

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Author: kathparson

Chief Executive of Older People's Advocacy Alliance (UK)

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