Home›Care advice blog›Legal and planning ahead›Advocate for Care: When the Council Must Provide One

Legal and planning ahead · 1 November 2026

Advocate for Care: When the Council Must Provide One

An advocate speaks up for a person who finds it hard to understand or talk about their care. Learn when the council must provide one in England and how to ask.

Written with AI from NHS, GOV.UK and charity guidance and fact-checked against those sources · about this site · 3 minute read

An advocate is a spokesperson for a person who finds it hard to understand their care and support, or to speak up about it. The council must provide one if the person has no family or friends able to help and has certain difficulties, described below. To ask, contact the council’s social care services and ask about advocacy services.

This guide is for England. Rules can differ in Scotland, Wales and Northern Ireland.

What does an advocate do?

An advocate speaks up for the person. Their main purpose is to make sure the person is heard.

How is an advocate independent?

An advocate is independent of social services and the NHS.

A paid carer cannot act as the person’s advocate.

Who can get an advocate from the council?

The council must provide an advocate when both of these are true:

Weighing up options includes understanding the pros and cons of each choice.

If a person might benefit from an advocate but has no legal right to one, they should still be given information about advocacy. If you are not sure whether the person qualifies, ask anyway.

How do I ask the council for an advocate?

Before you call, note which difficulties the person has. Also think about whether any family or friends are able to help.

Then contact the council’s social care services and ask about advocacy services.

You could say something like this:

Say clearly what decision is being made.

Only say that no one can help if it is true. If you are the one who can help, say so, and ask what support the person still needs.

Write down the date, the name of the person you spoke to and what they said. Follow up by email or letter so there is a record.

A person can also refer themselves directly to an independent advocacy organisation. These organisations are listed below.

What if the council says no?

You can still take these steps:

  1. Ask for the decision and the reason in writing.
  2. Check that the council knows about each difficulty the person has.
  3. Contact an independent advocacy organisation directly and ask for their advice.
  4. Write a complaint to the council. Carers UK offers a complaints letter template alongside its Being Heard guide.

Our rights and benefits guide explains more about what help you can ask for.

If the person has dementia

Who can help me find an advocate?

These organisations are named in the NHS guide to getting someone to speak up for you. Use that page to find their contact details.

Phone numbers and services can change, so check current details before you call.

Common questions

When must the council provide an advocate?

The council must provide an advocate when the person has no family or friends able to help and has difficulty understanding and remembering information, communicating their views, or weighing up options. If a person might benefit from an advocate but has no legal right to one, they should still be given information about advocacy.

How do I ask the council for an advocate?

Note the difficulties the person has and whether any family or friends can help, then contact the council's social care services and ask about advocacy services. Write down the date, the name of the person you spoke to and what they said, and follow up by email or letter.

Can a paid carer act as an advocate?

No. An advocate is independent of social services and the NHS, and a paid carer cannot act as the person's advocate.

What would care cost?

Our free calculator estimates the weekly cost of care at home and whether the council is likely to help pay, using 2026/27 rules for every part of the UK.

Sources this guide was researched from:

General information, not medical, legal or financial advice. For worries about health or medicines, speak to the GP or call NHS 111, or 999 in an emergency.

More guides

Lasting Power of Attorney: A Plain-English Guide for FamiliesA lasting power of attorney lets you choose someone to help with your money, health and care decisions. Here is how they work, who to pick and how to register one. Loneliness in Older People: How to Spot It and HelpBeing alone is not the same as being lonely. Learn how to spot the signs of loneliness in an older person, how to raise it kindly and where to find free support. Carer's Assessment: What It Is and How to Ask for OneA carers assessment is a free meeting where the council looks at how caring affects you. Learn who qualifies, how to ask and what happens next.

Ask any question about care

Plain-English answers about care anywhere in the UK, using 2026/27 rules and figures for England, Scotland, Wales and Northern Ireland. It gives general guidance, not advice. The council’s free assessment is the final word.

Nothing you type here is stored by us. For anything urgent, call 01642 918142 or your council.