Supporting People Who Need Advocacy (Scotland) Policy

This policy sets out the values, principles and procedures underpinning {{org_field_name}}’s approach to the role of advocates and advocacy services. It aims to fulfil the requirements of the Health and Social Care Standards on advocacy described in My Support, My Life and includes:

(2.4): I am supported to use independent advocacy if I want or need this.
(2.12): If I am unable to make my own decisions at any time, the views of those who know my wishes, such as my carer, independent advocate, formal or informal representative, are sought and taken into account.

This policy should be read and used in relation to the policies on Responding to the Experiences of People Receiving Care (Scotland), Concerns and Complaints (Scotland), Quality Monitoring and Management (Scotland)and Support and Protection of Service Users from Harm Overarching (Scotland) Policy.

Policy Statement

{{org_field_name}} recognises that people receiving care should be enabled to express their views as clearly and candidly as they wish as reflected in My Support, My Life. The policy therefore should help people receiving care express their views to both {{org_field_name}} and to other bodies and to feel that their views are understood and respected.

The service recognises that some people receiving care may not be able to communicate easily, and accordingly encourages their seeking representatives who can reflect their views and wishes or speak on their behalf where this is appropriate.

The service considers that representation of this sort might be required:

in the course of the initial needs assessment
during any subsequent assessment of needs
in the drawing up or review of the personal plan and written agreement
in making risk assessments relating to a person receiving care’s activities
when helping a person receiving care to represent their views to an outside organisation
when a person receiving care wishes to express a concern or complaint (see Concerns and Complaints (Scotland) Policy)
in instances where a person receiving care may have been harmed or at risk of harm (see Support and Protection of Service Users from Harm Overarching (Scotland) Policy)
when a person receiving care wishes to submit their views on {{org_field_name}} provided as part of its quality assurance programme
in helping a person receiving care to make an input to the drawing up or review of the service provision.

{{org_field_name}} therefore makes available information about advocacy and is committed to having an advocate to represent a person receiving care in communication with {{org_field_name}}. It will also facilitate the use of advocates who are representing people receiving care in their dealings with other organisations.

Defining Advocacy

{{org_field_name}} adopts the description provided in the Scottish Government’s Independent Advocacy — Guide to Commissioners (2013) (available on the Scottish Government website). This states: “Advocacy plays an important role in supporting people to express their views and in providing a source of support which gives them the confidence to speak out. Advocacy is vital in nurturing trust and effectively supporting people to ensure their views are taken into account and that they are heard. It should also provide an environment in which they can confidently raise any concerns they may have with their advocate in the knowledge that there are no conflicts of interest.

“Advocacy enables people to be involved in decisions which affect their lives. It helps them to express their views and wishes, to access information, to make informed choices and to have control over as many aspects of their lives as possible.”

Purposes of Advocacy

{{org_field_name}} considers that advocacy has the following purposes.

Advocacy:

safeguards people who are vulnerable and discriminated against or who services find difficult to serve
speaks up on behalf of individuals who are unable to do so for themselves
empowers people who need a stronger voice by enabling them to express their own needs and make their own informed decisions
enables people to get information, explore and understand their options, and to make their views, wishes and feelings known
actively supports people to make informed choices.

When Advocacy Might Be Needed

{{org_field_name}} recognises that a person might need the representation provided by a personal advocate or advocacy service at different times in his or her involvement with a local authority and as a user of a care service, eg:

during and to help with the initial needs assessment
during any subsequent assessment and reviewing of needs
in drawing up or reviewing the person’s plan of care
in making risk assessments relating to a person receiving care’s activities
when their mental capacity to take their own decisions is being assessed
when helping a person receiving care to represent their views to an outside organisation
when a person receiving care wishes to express a concern or complaint
in instances where a person receiving care may have been subject to abuse
when a person receiving care wishes to submit their views on the services of {{org_field_name}} as part of our quality assurance programme
in helping a person receiving care to make an input to the drawing up or review of {{org_field_name}}s’ policies and procedures.

As a care provider, therefore, we are:

committed to making available information about advocacy services, when appropriate or needed
prepared to deal with an advocate who is representing a person receiving care in communicating with {{org_field_name}} over any issue
aim to facilitate the use of advocates who are representing our person receiving cares to other organisations.

What the Service Requires from an Advocacy Provider

{{org_field_name}} can identify 10 essential qualities of advocacy that we would expect to be present in all advocacy services, which the people receiving our care might use, as follows.

Independence: advocates should be independent from statutory and other service-providing agencies.
Empowerment: people using advocacy should be able to participate in the running of the scheme.
Accountability: every advocacy scheme should monitor and evaluate its work effectively.
Support for advocates: advocates must be appropriately prepared, trained and supported.
Complaints: advocacy schemes must have policies for dealing with complaints.
Clarity of purpose: advocacy schemes must have clear objectives and must make these known.
Putting people first: advocates must be non-judgmental and respectful of people’s needs, views and experiences.
Equal opportunities: advocacy schemes must have and observe a written equal opportunities policy.
Accessibility: advocacy must be provided free of charge and in ways which make it widely accessible.
Confidentiality: advocacy schemes must have a policy on confidentiality, which includes the circumstances under which confidentiality might be breached.

(Source: Action on Advocacy Charter)

Supporting Access to Advocacy

To enable people receiving care who seek and need the help of an independent advocate, for example, because of communication difficulties or lack of mental capacity to take key decisions, {{org_field_name}} in partnership with other professionals and agencies adopts the following procedures:

publicising information on local advocacy schemes and the information put out by advocacy networks such as the Scottish Independent Advocacy Alliance, including the information found on their websites
involving advocates where appropriate in the preparation and review of individual care plans
using advocates to promote person receiving care participation in the running of {{org_field_name}}
helping people receiving care to find and participate in advocacy schemes, eg by facilitating access to online advocacy services and advocacy service websites, including the information on our notice board and making leaflets available
seeking peer support for individual people receiving care from people who share their disabilities, heritage or aspirations
promoting a culture which enables people receiving care to call on advocates to express their concerns and provide feedback on the way {{org_field_name}} is run
respecting the role of advocates in situations where people receiving care wish to complain about services
co-operating with any advocate appointed to assist a person receiving care lacking mental capacity in their decision-making.

Local Advocacy Services Contact Details

[Use this to include details of local advocacy services/organisations.]

Training

All staff are provided with training on the use of advocacy at all suitable stages of their employment.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}

Reviewed on: {{last_update_date}}

Next review date: this policy is reviewed annually (every 12 months). When needed, this policy is also updated in response to changes in legislation, regulation, best practices, or organisational changes.

DS213. Supporting People Who Need Advocacy