Guidance to support advocates in challenging decisions or actions with or on behalf of individuals

Advocacy helps to ensure that individuals are in control of their own lives and are supported to make their own decisions. This good practice guide has been developed to help professionals and advocates to decide on the most appropriate route to take to challenge decisions about an individual’s care. It will help advocates to develop a ‘tool-kit’ of different approaches to get the best possible outcome for people depending on their views and the situation. The guide discusses when it is most appropriate to use informal approaches to challenge decisions; the skills required to be effective when taking this approach, including negotiating and influencing; and using Best Interests meetings. It also looks at using formal routes to challenge decisions through the Mental Capacity Act 2005, Mental Health Act 1983, the Care Act 2014, and through formal complaints processes and judicial review. The guide provides useful case examples and makes reference to relevant sections within Acts and Statutory Guidance to illustrate key points. The guide is relevant for professionals across the health and social care sectors, as well as for friends and family members who are supporting a friend or relative.