Choice and control aren’t optional extras in care and support – they are principles that have been built into policies and laws.
If you draw on care and support in England, there are laws that protect your right to be involved in decisions about your life and to have support shaped around what matters to you.
Key laws in England
Care Act 2014
- Puts people’s wellbeing at the centre of care and support.
- Gives people the right to have their wishes and preferences considered.
- Requires councils to offer personal budgets and options like Direct Payments to help people have choice and control over their support.
Human Rights Act 1998
- Protects rights such as respect for private and family life, freedom of expression, and protection from discrimination.
- Means public bodies must treat people with dignity and respect when providing services.
Mental Capacity Act 2005
- Sets out how to support people to make their own decisions wherever possible.
- States that even if someone lacks capacity for certain decisions, choices should still be made in their best interests, involving them as much as possible.
International rights and frameworks
United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)
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Recognises the right of disabled people to live independently and be included in the community (Article 19).
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Calls for disabled people to have equal choices and control over their lives.
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The UK has signed and ratified the Convention, meaning it should guide how laws and services work.
“In an environment of cash strapped councils, practitioners are often expected to act as gatekeepers … This means that practice is too often too far away from upholding the fundamental concept of independent living, in line with the UN Convention of the Rights of People with Disabilities.”
Advocacy: knowing and using your rights
People are entitled to support in understanding their rights and making sure they are upheld.
Advocacy services can help by:
- Making sure people’s views are heard
- Helping people understand their options
- Supporting people through meetings and assessments
- Protecting people’s rights if they find it difficult to speak up for themselves
Under the Care Act 2014, local authorities must provide an independent advocate if someone has substantial difficulty in being involved in decisions and has no appropriate friend or family member to help.
“You need to know what the law says, what your rights are, so you are clear about what services should be delivering and can tell them what you expect them to do.”
Other sections on this hub
Planning and making choices
