Supporting People Who Need Advocacy (Wales) Policy

Policy Statement

This policy aims to help people receiving our care in line with their legal rights to express their views to both {{org_field_name}} and to other bodies, and to feel that their views are understood and respected by using the help of an advocate or advocacy service, where this is considered appropriate and needed.

{{org_field_name}} is based on person-centred values and principles, which emphasise that its users should express their views as clearly and candidly as they wish to get the kind and quality of service they expect. The service also recognises that some people receiving care might not communicate their feelings and views easily. We then encourage and enable them to have access to advocates or an advocacy service, where this is appropriate, which will help them to express to us, their care service, their wishes and ideas about the services they need or any concerns and complaints.

Legislation and Guidance

{{org_field_name}}’s approach to advocacy is consistent with all statutory requirements and guidance, which include the following.

The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 particularly in respect of the requirements to promote autonomy, attainment, citizenship, individuality and diversity, safeguarding, wellbeing and inclusion. {{org_field_name}} will comply with the requirements to inform the person receiving care and their representatives of the advocacy services available to them if needed (Regulations 19 and 27), and to enable them to make effective use of any advocacy service accessed over, for example, money matters or to make a complaint (Regulations 28 and 64).
The Social Services and Well-being (Wales) Act 2014 requires local authorities and by implication care providers that work in partnership with them to implement Part 10, Advocacy and Complaints, and the associated statutory Code of Practice. The guidance defines advocacy services to be those that provide help by way of representation or otherwise to persons for purposes relating to their care and support.
Mental Capacity Act 2005 and its Code of Practice for independent mental capacity advocates (IMCAs)
Mental Health Act 1983 and its Code of Practice for independent mental capacity advocates
Equality Act 2010 also supports the need for advocacy for people who might suffer discrimination in breach of their human rights.
The policy follows the NICE guideline NG 227: Advocacy Services for Adults with Health and Social Care Needs (November 2022).

Defining Advocacy

As a care provider, we accept and work to the following definition of advocacy developed by Action for Advocacy (revised 2014) and which is reflected in NICE guidance (2022).

“Advocacy is taking action to help people say what they want, secure their rights, represent their interests and obtain service they need. Advocates and advocacy schemes work in partnership with the people they support and take their side. Advocacy promotes social inclusion, equality and social justice.”

{{org_field_name}} recognises that advocacy is needed under different circumstances and can take several forms. We will always attempt to find the right kind of service for any individual needing or requesting it. It recognises the value of self-advocacy, peer advocacy and the informal advocacy that can be provided by a person’s relatives and friends, as well as the input of trained advocates from formal advocacy services.

Purposes of Advocacy

{{org_field_name}} follows the Social Services and Well-being (Wales) Act 2014 in considering 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

As stated in the Social Services and Well-being (Wales) Act 2014 and NICE (2022) guidance, {{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 best interests’ decisions are being taken, or consideration is being given to depriving them of their liberty, as being in their best interests
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

We endorse the Advocacy Charter promoted by Action on Advocacy and reflected in NICE guidance (2022), which lists 10 essential qualities 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 service.
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 a person receiving care’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.

Supporting Access to Advocacy

We will seek to make advocacy available to any person receiving care who needs help in presenting their views by:

making available information on local advocacy schemes that comply with the advocacy Code of Practice, including the information that can be found on digital platforms
involving advocates where appropriate in the preparation and review of individual care plans
using advocates to promote persons receiving care’s participation in the running of {{org_field_name}}
helping persons 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 persons receiving care from people who share their disabilities, heritage or aspirations
promoting a culture which enables person receiving care to call on advocates to express their concerns and provide feedback on the way {{org_field_name}} is run
respect the role of advocates in situations where a person receiving care wishes to complain about services
co-operate with any Independent Mental Capacity Advocate appointed to assist a person receiving care.

Local Advocacy Services Contact Details

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

Training

Care staff should follow this policy whenever a person receiving care requires or already has access to a personal advocate or advocacy service.

Staff training on advocacy will be provided, where needed and appropriate, through the training resource, which is in three modules, developed by Social Care Wales entitled Independent Professional Advocacy Services and available from its website.

All care staff will recognise the potential role played by advocacy from their induction training based on the All Wales Induction Framework for Health and Social Care.

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

Reviewed on: {{last_update_date}}

Next Review Date: {{next_review_date}}

DW235. Supporting People Who Need Advocacy