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Registration Number: {{org_field_registration_no}}

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Advocacy and Decision-Making Support Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} supports the rights and choices of the people we support through effective advocacy and decision-making support. We are committed to ensuring that individuals receive the necessary support to express their preferences, make informed decisions, and have their rights upheld in accordance with the Care Inspectorate Scotland regulations and Health and Social Care Standards.

We recognise that some individuals may require additional support to make or communicate their decisions, and we are committed to:

• Promoting independence, dignity, and respect in all decision-making processes.
• Providing clear information and guidance to help individuals make informed choices.
• Supporting access to independent advocacy services where required.
• Ensuring that individuals’ legal and human rights are protected at all times.
• Training staff to provide person-centred decision-making support.
• Working in collaboration with families, advocates, and multidisciplinary professionals to support individuals’ decision-making capacity.

2. Scope

This policy applies to:

• People we support, including those with cognitive impairments, disabilities, or other conditions affecting decision-making capacity.
• All employees, including care workers, supervisors, and management involved in care provision.
• Families, legal representatives, and independent advocates acting on behalf of the people we support.
• External professionals, including social workers, legal professionals, and healthcare providers.

3. Legal and Regulatory Framework

This policy is aligned with:

• Care Inspectorate Scotland regulations on decision-making and advocacy.
• Health and Social Care Standards (Scotland), ensuring individuals are treated with dignity and respect.
• Adults with Incapacity (Scotland) Act 2000, outlining principles for decision-making on behalf of those who lack capacity.
• Mental Health (Care and Treatment) (Scotland) Act 2003, ensuring support for individuals with mental health conditions.
• Equality Act 2010, promoting non-discriminatory support in decision-making.
• General Data Protection Regulation (GDPR) and the Data Protection Act 2018, ensuring confidentiality in advocacy and decision-making support.

4. Advocacy Support

Advocacy ensures that individuals can express their views, protect their rights, and make informed choices. {{org_field_name}} is committed to ensuring individuals have access to appropriate advocacy services, including:

• Self-Advocacy: Supporting individuals to speak up for themselves where possible.
• Independent Advocacy Services: Connecting individuals with external advocacy organisations when required.
• Family and Peer Advocacy: Supporting families and trusted individuals to advocate on behalf of their loved ones.
• Professional Advocacy: Engaging social workers or legal representatives for complex decision-making needs.

How We Support Advocacy

• Ensuring that individuals are aware of their right to advocacy.
• Providing information on local advocacy organisations and how to access them.
• Supporting non-verbal individuals with assistive communication methods.
• Facilitating meetings between individuals and advocates to ensure their voice is heard.
• Ensuring that advocates have access to relevant care and support plans (with consent) to effectively support decision-making.

5. Decision-Making Support

5.1 Person-Centred Decision-Making

We ensure that every decision is guided by the individual’s preferences, needs, and rights. This includes:

• Encouraging informed choice by providing clear, accessible information.
• Supporting individuals to explore their options and possible consequences.
• Involving families, advocates, and professionals where appropriate.
• Respecting an individual’s right to refuse support or care, provided they have the capacity to make such decisions.
• Ensuring that staff act as facilitators rather than decision-makers, except where legal intervention is required.

5.2 Supporting Individuals with Impaired Decision-Making Capacity

Some individuals may have temporary or long-term impairments affecting their ability to make decisions. {{org_field_name}} ensures that:

• Capacity assessments are carried out where needed, in line with the Adults with Incapacity (Scotland) Act 2000.
• Decisions are made in line with best interest principles, considering:
  • The person’s past and present wishes.
  • The views of family, carers, and professionals.
  • The least restrictive option to uphold independence.
• Guardianship orders, Power of Attorney, and other legal mechanisms are respected in line with individual care plans.
• Every effort is made to provide communication support (e.g., Talking Mats, visual aids, simplified language).

6. Staff Training and Responsibilities

To ensure advocacy and decision-making support is delivered effectively, all staff must:

• Undergo training on advocacy and supported decision-making.
• Understand their legal and ethical responsibilities in upholding individuals’ rights.
• Use active listening techniques to understand an individual’s preferences.
• Work collaboratively with advocates, families, and external professionals.
• Recognise when an individual requires additional support to make decisions.
• Follow the organisation’s protocols for escalating concerns related to decision-making capacity.

7. Safeguarding and Protection in Decision-Making

{{org_field_name}} ensures that decision-making support aligns with safeguarding principles, particularly for individuals at risk of harm, exploitation, or coercion.

Safeguarding measures include:

• Recognising signs of undue influence, where a person may be pressured into making decisions against their will.
• Ensuring individuals are not coerced by family, carers, or professionals.
• Following Adult Support and Protection (Scotland) Act 2007 guidelines where abuse or neglect is suspected.
• Reporting concerns to local safeguarding authorities and following internal safeguarding procedures.
• Encouraging multi-agency collaboration to protect vulnerable individuals.

8. Monitoring and Continuous Improvement

To ensure best practices in advocacy and decision-making support, {{org_field_name}} will:

• Regularly review individual advocacy needs and access to support services.
• Conduct staff evaluations and feedback sessions to identify training needs.
• Monitor the effectiveness of decision-making support plans.
• Work closely with Care Inspectorate Scotland to ensure ongoing compliance and best practice.
• Review and update this policy annually or in response to regulatory changes.

9. Related Policies

This policy should be read alongside:

• Safeguarding and Adult Protection Policy.
• Equality, Diversity, and Inclusion Policy.
• Mental Capacity and Consent Policy.
• Complaints and Feedback Policy.
• Whistleblowing Policy.

10. Policy Review

This policy will be reviewed annually or earlier if legislative updates or operational changes require amendments.

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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}}
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