Advocacy: I have been refused as an appropriate person
Where a person has substantial difficulty being involved Involved is being included in something or taking part in something. in the assessment An assessment is a way of finding out what help a person needs. When you have an assessment, you might have to go to a meeting or fill in a form. or care planning process, local authorities must consider whether there is an appropriate individual (or individuals) who can facilitate a person’s involvement in the assessment, planning or review processes of care and support.
If there is no appropriate person then the local authority A local authority is also called a council A council is also called a local authority. They are a group of people who make decisions about some of the things in the area where you live. These include: schools, social care Social care means the services that give care and support to people who need it. (support for people), parks and dustbin collection. . They are a group of people who make decisions about some of the things in the area where you live like schools, social care (support for people), parks and dustbin collection. must appoint an independent advocate An advocate is a person who can help you have your say. An advocate can speak up for you if you find it hard. .
To establish whether an individual is an appropriate person, there are 3 specific considerations.
The appropriate person cannot be:
- Already providing care, support or treatment to the individual in a professional capacity or on a paid basis. This means that paid carers, GPs or support workers cannot be an appropriate person.
- Someone that the person does not want to support them. A local authority cannot force an individual to accept somebody as an appropriate person if the individual does not agree with that.
This may include situations where the individual wishes for their care and support to provide them with more independence Independence means doing things on your own. Making your own choices. from their family, and for this reason they do not want a family member to support them throughout the process.
- Someone who is unlikely to be able to adequately facilitate the individual’s involvement in the care and support processes.
This includes situations such as relatives who live a long distance away from the individual, somebody who would not be able to provide the necessary amount of time to support the individual or somebody who does not understand the processes involved in care and support planning.
It also includes situations in which the suggested appropriate person may actually have very differing views to the individual so there would be a conflict of interests.
For obvious reasons, someone implicated in an enquiry into abuse or neglect or who has been judged by a safeguarding Keeping people safe from being hurt, abused, or neglected is called Safeguarding. adult review to have failed to prevent abuse or neglect also cannot be an appropriate person.
I don’t fall within any of the three criteria above and I have still been refused. What should I do?
You should ask for clarification, in writing, from the local authority as to why you have been refused as an appropriate person. They have to explain their reasons for refusing you. If they refuse to explain their reasons, you could consider following the formal complaints process. The details of the complaints process will be available from your local authority.
If an appropriate person is not agreed, it is also important to ask the local authority whether they do accept that the person in need of care and support has substantial difficulty being involved in the process. If they do agree that the person has substantial difficulty, you should also ask when an Independent Advocate will be appointed.
Mencap have produced a separate factsheet on advocacy Advocacy is when you get support to have your say. , including in the care planning process, and what ‘substantial difficulty means’. If you have been refused as an appropriate person and believe that the local authority should be appointing an advocate, please see the Advocacy Advocacy is when you get support to have your say. factsheet for further details on local authority obligations.
For more information about this resource, please contact the Learning Disability A learning disability is to do with the way someone's brain works. It makes it harder for someone to learn, understand or do things. Helpline.
Phone: 0808 808 1111
Email: helpline@mencap.org.uk