Summary
These Regulations implement section 67(2) of the Care Act 2014, establishing a framework for independent advocacy in care assessment and planning. They set qualification requirements for independent advocates (experience, training, competence, integrity, supervision), define circumstances triggering the right to advocacy (substantial difficulty in understanding information due to health conditions, learning difficulties, disabilities, complexity, prior refusal, or abuse/neglect risk), specify advocacy functions and duties, and establish procedures for combined assessments. They also require enhanced criminal record checks and define when the advocacy exception does not apply (hospital stays of 28+ days or care home stays of 8+ weeks).
Reason
These regulations impose regulatory barriers that restrict who may serve as an independent advocate, limiting supply and competition in the advocacy services market. The mandated qualification requirements (training, supervision arrangements, competency standards) create unnecessary barriers to entry that raise costs without commensurate benefit. While the intent of protecting vulnerable individuals is admirable, the prescribed bureaucratic framework is an inefficient means to that end. Free markets can provide advocacy services through voluntary quality certification, professional standards bodies, and competitive provision. Additionally, local authorities already possess common law powers to make appropriate advocacy arrangements without central prescription. The regulations represent the kind of regulatory overreach that suppresses dynamic market provision of social care support services and adds administrative burden without clear evidence of improved outcomes for those they aim to protect.