Your care rights

The Care Act 2014 is the law that guides how Adult Social Care is provided in England. It puts people at the centre of care and support and makes clear what help you can expect from your local council.

Key principles of the Care Act:

• Wellbeing comes first – Care decisions must always promote your wellbeing, independence, and dignity.
• Your needs matter – Whether you need care or support, or you're a carer, the council must look at your individual needs and how best to support you.
• Prevention is important – Councils must help stop or delay the need for more serious support by offering early help and advice.
• Your voice counts – You should be involved in decisions about your care and have control over the support you receive.
• Support for carers – Carers have the same right to an assessment and support as the people they care for.

The Act also sets national rules about how care is arranged and funded, so people are treated fairly no matter where they live.

The Care Act helps make sure that Adult Social Care is person-centred, fair, and focused on improving lives.

Advocacy is about having someone by your side who can help make sure your voice is heard, especially when dealing with important decisions about your health and care. If you're feeling unsure, overwhelmed, or unable to express your views, an advocate is someone who can speak on your behalf, represent your interests, and support you in making informed choices.

Someone to speak on your behalf

Advocates work only for you—they’re completely independent from social care services and will always act according to your wishes. This can be especially important if you are vulnerable, have a disability, or find it difficult to navigate formal processes on your own.

In some cases, advocacy must be provided by law (this is called statutory advocacy), while in others, it may be offered as additional support. Either way, advocacy is about making sure your rights are upheld and your voice is respected.

An advocate will:

• share your views on what is important to you - such as your care, medical treatment or finances
• speak up for your rights
• represent what's best for you.

They can also help you to:

• understand the care and support process
• talk about how you feel about your care
• make decisions
• challenge decisions about your care and support if you do not agree with them
• stand up for your rights
• write letters and attend meetings with you.

Independent Mental Capacity Advocate

For a person who lacks mental capacity when certain decisions are being made by the Council or NHS Provider, they must consult an Independent Mental Capacity Advocate (IMCA).

An IMCA provides an independent safeguard to support particularly vulnerable people who lack capacity to make important decisions and who have no one to act for them. Such decisions can include accommodation moves and serious treatment.

An IMCA can be instructed where there is an assessment under the Deprivation of Liberty Safeguards.

Independent advocates and local support

You can ask a friend, family member, health worker or care manager to help you but sometimes it is easier to speak to someone that is neutral.

An advocate should act only in the interests of the person for whom they speak. They do not take their own view of what's best or try to influence the person to make a different choice.

VoiceAbility is an independent advocacy service that supports young people and adults in Brent who need help to become more aware of their own rights, to exercise those rights and be involved in decisions made about their lives.

The Brent Gateway Partnership also helps people to understand their rights and the choices they have.

They can help you to understand the:

• Care Act
• Independent Mental Capacity Act
• Advocacy and Independent Mental Health Act

Advocacy for children

If you are a child or young person who is unhappy about decisions being made about you, and you need someone to talk to who is not your social worker or key worker, you can speak to an independent advocate.

The Coram website has more information on this.

The Mental Capacity Act 2005 is a law that protects people who can’t make certain decisions for themselves. It outlines who can make decisions, when, and how - and ensures those decisions are made in the person’s best interests.

Some people may lack capacity because of:

• Dementia
• Learning disability
• Brain injury or stroke
• Mental health conditions

The Act is based on five principles:

• Everyone is presumed to have mental capacity until it is established that they do not.
• No-one is to be judged to lack capacity until all reasonable steps have been taken to support that person to make a decision, and these have been unsuccessful.
• A person cannot be judged to be unable to make a decision simply because that decision appears unwise.
• If a person cannot make a decision, then any decision made on her/his behalf must be made in her/his best interests.
• When making a best interests decision, the least restrictive option – the choice that interferes the least with a person’s freedoms – is the one which must be chosen.

If someone can still make decisions

If you're caring for someone, there may come a time when you need to help manage their personal, health, or financial affairs — either now or in the future. It is useful to plan ahead and set up a Lasting Power of Attorney (LPA). This legal document allows an individual to choose someone they trust to make decisions on their behalf in the future.

This can include:

• Managing bank accounts, savings, or benefits
• Buying or selling property on their behalf
• Making decisions about where they live or their daily care
• Supporting healthcare decisions

The government website provides further information about your rights under the Mental Capacity Act

All people have a right to personal freedom and security under the Human Rights Act (1998) which is referred to as a right to liberty.

Deprivation of Liberty (DoL) refers to situations where a person is not free to leave a care setting or community because of their care or treatment needs. This might include people living in care homes, hospitals, or supported living arrangements. It is used to protect individuals who lack the mental capacity to make certain decisions, ensuring their safety and well-being.

Why does deprivation of liberty exist?

The law recognises that, in some cases, a person’s liberty must be restricted to protect them from harm or to provide essential care. Deprivation of liberty is guided by legal frameworks, such as the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards (DoLS), to ensure that it is done fairly, appropriately, and with respect for the person’s rights.

What does Deprivation of Liberty do

Sometimes care homes and hospitals may have to restrict a person’s freedom in order to provide care and treatment and to keep them safe from harm. In such cases, they must have a DoLS authorisation for people who are unable to consent to their care, who are subject to continuous supervision and control, and who are not free to leave.

Deprivation of Liberty Safeguards (DoLS) ensure that any decision to restrict someone's liberty is carefully considered and meets strict criteria. This includes:

• assessing whether the individual lacks mental capacity to make decisions
• reviewing whether the restriction is necessary to protect them from harm
• ensuring that the restriction is in their best interests.

The Brent DoLS Team manages the administration of the deprivation of liberty authorisation and ensures that safeguards are in place to protect the person’s rights. This includes independent assessments and the right to appeal, to protect the individual from wrongful deprivation of liberty.

If you or a loved one may be subject to deprivation of liberty, it is important to understand your rights and how to seek support if needed.

For further information, you can call 020 8937 4300 and ask to speak with someone from the DoLS Team.  

Report a concern

If you are worried that someone is at risk or is being abused, please report your concern by completing a referral form.

If you are from an organisation, then please email us at dols@brent.gov.uk