Requirements for a person to be an independent advocate
2.—(1) A local authority must not make arrangements for a person to be an independent advocate(1) under section 67(2) of the Act unless the authority is satisfied that the person—
(a)has appropriate experience;
(b)has undertaken appropriate training;
(c)is competent to represent and support the individual for the purpose of facilitating that individual’s involvement in any assessment and planning function;
(d)has integrity and is of good character; and
(e)has arrangements in place to receive appropriate supervision.
(2) A local authority must not make arrangements for a person to be an independent advocate under section 67(2) of the Act where that person is engaged in providing care or treatment in a professional capacity, or for remuneration—
(a)for the individual to whom representation and support are to be made available; or
(b)for—
(i)that individual’s carer, where the individual is an adult with care and support needs; or
(ii)the adult in respect of whom that individual is providing care, where the individual is a carer.
(3) The requirements that must be met for a person to be independent for the purposes of section 67(2) of the Act are that—
(a)the local authority is satisfied that the person demonstrates the ability to act independently of the local authority; and
(b)the person is not employed by, or otherwise working for, the local authority.
(4) Before deciding whether a person has integrity and is of good character as mentioned in paragraph (1)(d), the local authority must obtain, in respect of that person, an enhanced criminal record certificate issued under section 113B of the Police Act 1997(2) which includes—
(a)where the individual to whom representation and support are being made available is under 18 years of age, suitability information relating to children (within the meaning of section 113BA of that Act);
(b)where the individual to whom representation and support are being made available is 18 years of age or older, suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act).
(5) Where a local authority has made arrangements with any other person for that person to carry out the assessment or planning function on the local authority’s behalf, the references in paragraph (3)(a) and (b) to a local authority include a reference to that other person.
See section 67(2) of the Act for the meaning of “independent advocate”.
1997 c.50. Section 113B was inserted by the Serious Organised Crime and Police Act 2005 (c.15), section 163(2) and sections 113BA and 113BB were inserted by the Safeguarding Vulnerable Groups Act 2006 (c.47), section 63(1) and Schedule 9, paragraph 14(4).