The New Mental Health Act: Rights of Carers - information for people who care for a service user

4 What's the difference between a carer, named person and an advocate?

A carer is not the same as the named person, who has other rights to receive specific information and take part in Tribunals. A carer can become a named person if the service user nominates their carer to take on this role. If the service user has not identified a named person for him or herself the law says that the primary carer automatically becomes the named person. A separate guide provides information about the role of the named person (see page 9).

Carers can provide important support in getting the views and needs of the person they care for across but a carer does not have the same role as an independent advocate. The Act gives the service user the right of access to independent advocacy. An independent advocate is there to express the views of the service user and should not express their own views and opinions about a person's treatment. A carer may well express their own views and opinions and can add another perspective to discussions about the care and treatment of the service user. A separate guide provides information about independent advocacy (see page 9).