Factsheet: Independent advocacy


Summary

April 2026

This factsheet explains how an independent advocate can help you put your views across.

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Someone to speak up for you

If you find it difficult to express your views, an independent advocate can make sure that your voice is heard.

They can help you if you find it hard to understand or communicate due to your:

  • physical or mental health
  • learning disability
  • sensory loss

An advocate will ensure that professionals treat you fairly and respect your rights.

A social care worker can do this for you, but you may want someone independent.


What do advocates help with?

An advocate can help you to:

  • say what you think, or speak up for you
  • understand your options and rights
  • challenge a decision about your care or make a complaint

They can also support you if you are involved in a ‘safeguarding’ enquiry.


Different types of independent advocacy

You have a legal right to three types of free independent advocate.

Care Act advocates

A Care Act advocate can help you with your:

  • needs assessment
  • support planning and review
  • concerns about abuse or neglect (safeguarding)

The advocate can help you if you have ‘substantial difficulty’ communicating and you: 

  • find it hard to understand and remember important information
  • struggle to say what you think or feel, or to make decisions
  • do not have an ‘appropriate’ family member or friend who can speak up for you

We can refer you to SWAN to request a Care Act Advocate, if you qualify for support from adult social care.

Independent mental health advocates

A mental health advocate can help speak up for you if you are on a ‘section’.

A ‘section’ means you must stay in hospital or in one place to get treatment.

SWAN also provide this type of advocacy. Their contact details are below.

Independent mental capacity advocates

An independent mental capacity advocate can help speak up for you if:

  • you find it hard to make decisions, and a social worker or doctor is making decisions for you
  • you have no friends or family who can speak up for you

They can help you with difficult choices, like:

  • moving into a hospital or care home
  • if you need serious medical treatment

They can also help if there is a chance you could face harm or abuse because of your difficulty making decisions. We call this safeguarding.


How can I get an advocate?

We have two advocacy providers.

South West Advocacy Network (SWAN)

SWAN provide Care Act and independent mental health advocacy services. 

Contact SWAN to access free independent advocacy: 

The Advocacy People

If you need an independent mental capacity advocate, your social care worker, doctor or nurse can put you in touch with one from The Advocacy People.

You can also contact them directly: 

Advocacy services will consider your identity, cultural and communication needs.

You can have an interpreter who speaks your preferred language or offers communication support if you have hearing or sight loss.


More information

See more leaflets and factsheets.

Contact us to get copies of this factsheet, or any of the other leaflets or factsheets mentioned.





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