Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, if he will bring forward legislative proposals to ensure that recipients of social care are able to access complaints advocacy, equivalent to the measures for health complaints advocacy established under the Health and Social Care Act 2012.

There are no current legislative proposals to ensure that recipients of social care are able to access complaints advocacy.

There is a duty to provide statutory advocacy support in adult social care in relation to some of the most vulnerable people using social care services - people who lack capacity to make decisions themselves. They have the right to statutory advocacy in relation to care planning and also in some cases for care reviews and safeguarding, under certain circumstances.

The Care Act 2014, which comes into force in April this year, introduces a new statutory duty on local authorities to provide access to independent advocacy. This has been introduced to support people’s involvement in care and support needs assessments, carers’ needs assessments, care planning, review and adult safeguarding boards. It extends the availability of independent advocacy to those who are judged to have substantial difficultly in being fully involved in these processes, where there is no one appropriate, such as a carer, relative or friend, who can support their involvement.