Decision details

Independent Advocacy Services

Decision Maker: Corporate Director of Health and Adult Services

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

Approval is required to hold an open procurement for an Independent Advocacy Provider.
The service is required to meet our legislative duties.

Decision:

Approval has been given to procure an independent advocacy provider from April 2026.

The service will have the following elements:
Care Act Statutory Advocacy;
1.2 Representative Advocacy;
Independent Mental Capacity Advocacy (IMCA);
Deprivation of Liberty (DoLS) Safeguard
Relevant Person’s Representative (RPR);
Independent Mental Health Advocacy (IMHA

Reasons for the decision:

The Care Act 2014 has consolidated the duty for Local Authorities to provide Independent Advocacy for individuals who would experience substantial difficulty in being involved with the care and support process, or safeguarding, or Safeguarding Adults Review (SAR); and does not have an appropriate individual to support them. Where someone is unable to fully participate in these conversations and has no one to help them, local authorities must arrange for an Independent Advocate.

The Service provides Care Act 2014 (Care Act) and specialist advocates, and Relevant Person’s Representative (RPRs) to work as required within national guidelines and recognised good practice, to support and represent people who have substantial difficulty or lack capacity as defined in the relevant legislation including the Care Act, Mental Health Act 1983 (MHA), Mental Capacity Act and DoLS Codes of Practice.

Alternative options considered:

Local Authorities have a legal duty under the Care Act (2014) to provide people with independent advocacy services that have no connection to the Local Authority or alternative statutory organisations to ensure impartiality. As a result, we have no other options available to us other than undertake a procurement exercise

Publication date: 14/08/2025

Date of decision: 08/08/2025

Effective from: 23/08/2025

Accompanying Documents: