Advocacy

Role of an advocate

Advocacy is support provided to a vulnerable person by someone who is independent, to ensure that the person is able to have their say and that their rights are respected.

An advocate may support a person to speak in meeting, share the person's views and help a person to challenge decisions they are unhappy with.

There are different types of advocates who offer support in different circumstances.

Care Act 2014 – Advocacy Support

In April 2015 the Care Act became law. The Act requires local authorities with statutory responsibility for social care to involve people in decisions about their care and support needs.

If a person finds it difficult to be involved without help and they do not have someone to support and represent them, the local authority must make sure they get the help they need.

The Local Authority have a duty to arrange support from an Independent Care Act advocate when they are completing key aspects of work with you.

This service is provided in Derby by One Advocacy. Your Social Care Worker can refer you for this service or you or someone caring for you can seek support from an IMCA.

You can find out more information about Care Act Advocacy on the Citizens Advice Mid Mercia website.

People who don't have capacity to make their own decisions

Some people are unable to make a decision, as they lack capacity. If the person has no close relative or friends, or any other person to protect their interests then they must be referred for Advocacy support. This provides additional safeguards for people who lack the capacity to make decisions in certain situations.

As a result of their lack of capacity, a vulnerable person needs advocacy support to ensure their views are considered in decision making processes.

Independent mental capacity advocates (IMCA) support and represent people in this situation by speaking with them about their views and sharing these with the relevant people.

An IMCA does not make the decisions on someone's behalf but contributes relevant information to the support the decision-making process. In the Derby City area, the IMCA service is provided by One Advocacy.

A referral will be made by health or social care worker for this service. You can find out more information about the support an IMCA provides on the Citizens Advice Mid Mercia website. You can also ask your social care worker about how an IMCA can support.

DOLS - Relevant Persons Paid Representative (RPPR)

Sometimes it is necessary to deprive a person of their liberty in a care home or hospital to keep them safe and ensure their care needs are met. This happens when someone lacks capacity to make a decision about their care arrangements and due to their needs, they are not free to leave the care setting and is supervised at all times. The Deprivation of Liberty Safeguards (DOLS) assessments requires that the persons views are represented and considered, with a person only being deprived of their liberty when it is in their best interest.

In these circumstances the law says that the local authority must appoint a representative (RPPR) to meet with the person subject to a DOLS authorisation, on a regular basis and support the person to raise any objections they have to their care arrangements.

A referral will be made for this service by the Deprivation of liberty safeguards team.

You can find out more information about the support an RPPR provides on the Citizens Advice Mid Mercia website.

People receiving mental health treatment in hospital

The Mental Health Act requires the local authority to provide an Independent mental health advocate (IMHA) for people who are detained under a section in a hospital or secure unit, for voluntary patients and those who are subject to guardianship or community treatment orders.

When detained under a section, professionals have rights to make decisions about a person. An IMHA is able to provide information and support about the Mental Health Act, a person’s legal rights, types of treatment that may be offered and the tribunal process. An IMHA may help people to exercise their rights, by representing them and speaking on their behalf. IMHAs can also support the persons participation in the decisions made about their care and treatment.

You can find out more information about IMHA support on the Citizens Advice Mid Mercia website. You can also ask your social care worker about how an IMHA can support you and ask a member of your family, friend, health staff or social care professional to make a referral on your behalf.

NHS complaints advocacy

If you are unhappy about the care and treatment, you or a family member have received from the NHS, you are able to access independent support to raise your concerns, understand your rights and support you to attend meetings.

You can find out more information on the Citizens Advice Mid Mercia website about what support is available from an advocate to make a complaint.

Non-statutory advocacy – Specialist advocacy

Some people may need support from an advocate for other issues that are affecting their daily lives. This service is available, although it is not a legal requirement to provide this support. If you do not fit into one of the categories above you may still be able to access support from an advocate.

You can find out more information about non statutory/specialist advocacy on the Citizens Advice Mid Mercia website.

You can contact One Advocacy by calling 01332 228748.

You can make a referral for support by downloading a the relevant referral form, completing it and sending it to:

The Manager
One Advocacy
3rd Floor
Stuart House
Green Lane
Derby
DE1 1RS