(1) This section applies where a local authority is required by a relevant provision to involve an individual in its exercise of a function.

(2) The authority must, if the condition in subsection (4) is met, arrange for a person who is independent of the authority (an 'independent advocate') to be available to represent and support the individual for the purpose of facilitating the individual's involvement; but see subsection (5).

(4) The condition is that the local authority considers that, were an independent advocate not to be available, the individual would experience substantial difficulty in doing one or more of the following--
(a) understanding relevant information;
(b) retaining that information;
(c) using or weighing that information as part of the process of being involved;
(d) communicating the individual's views, wishes or feelings (whether by talking, using sign language or any other means).

(5) The duty under subsection (2) does not apply if the local authority is satisfied that there is a person--
(a) who would be an appropriate person to represent and support the individual for the purpose of facilitating the individual's involvement, and
(b) who is not engaged in providing care or treatment for the individual in a professional capacity or for remuneration.

(1) The exception in section 67(5) of the Act does not apply in the circumstances specified in paragraphs (2) and (3).

(2) The circumstances specified in this paragraph are that--
(a) the exercise of the assessment or planning function in relation to the individual is likely to result in an NHS body making arrangements for the provision to that individual of accommodation in--
(i) a hospital for a period of 28 days or more; or
(ii) a care home for a period of 8 weeks or more; and
(b) the local authority is satisfied that it would be in the best interests of the individual to make arrangements in relation to that individual under section 67(2) of the Act.

(3) The circumstances specified in this paragraph are that--
(a) there is disagreement on a material issue between the local authority and the person referred to in section 67(5) of the Act in the case of the individual; and
(b) the local authority and that person agree that making arrangements under section 67(2) of the Act in relation to the individual would be in the best interests of that individual.