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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Advocacy and Access to Independent Advice Policy

1. Purpose

The purpose of this Advocacy and Access to Independent Advice Policy is to provide clear guidance for temporary workers and staff of {{org_field_name}} to ensure that all clients supported by our temporary workforce have access to independent advocacy and advice services when required. This policy ensures that the rights, choices, preferences, and voices of clients are respected and promoted at all times, especially for those who may have reduced capacity, communication difficulties, or are vulnerable due to age, illness, disability, or social circumstances. Advocacy plays a crucial role in safeguarding, promoting equality, reducing the risk of abuse, and enabling person-centred care. This policy aligns with the Care Act 2014, the Mental Capacity Act 2005, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, the Equality Act 2010, and the Human Rights Act 1998. {{org_field_name}} is committed to working collaboratively with client organisations and independent advocacy services to uphold clients’ rights to have their views heard and needs met.

2. Scope

This policy applies to:

• All temporary workers employed by {{org_field_name}}, including registered nurses, healthcare assistants, and support workers under zero-hours or casual contracts
• All clients supported by {{org_field_name}}’s temporary workers while on placement in care homes, nursing homes, residential care settings, or any other health and social care environment
• All office and management staff responsible for placing workers, handling incidents, or dealing with client-related concerns
• All situations where temporary workers identify that a client may benefit from independent advocacy or professional advice

3. Related Policies

• Safeguarding Adults and Children Policy
• Complaints Policy
• Equality, Diversity, and Inclusion Policy
• Mental Capacity and Best Interest Decision Making Policy
• Code of Conduct for Temporary Workers
• Incident Reporting and Management Policy
• Record Keeping and Confidentiality Policy

4. Legal and Regulatory Framework

This policy is underpinned by:

• The Care Act 2014, placing a duty on local authorities and providers to ensure access to independent advocacy where necessary
• The Mental Capacity Act 2005, ensuring people lacking capacity have access to an Independent Mental Capacity Advocate (IMCA) when appropriate
• The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
• The Equality Act 2010, promoting equality and non-discrimination
• The Human Rights Act 1998, protecting the rights to dignity, autonomy, and freedom of expression
• The CQC Fundamental Standards relating to person-centred care, dignity, and respect

5. Definition of Advocacy

Advocacy is a process that supports people to:

• Understand their rights, choices, and options
• Express their views, wishes, and preferences
• Access services, support, and information
• Challenge decisions and raise concerns when appropriate
• Participate fully in decisions affecting their lives

Advocacy may be:

• Formal, such as provided by an Independent Advocate or Independent Mental Capacity Advocate (IMCA)
• Informal, provided by family members, friends, or support workers acting in a non-professional capacity
• Self-advocacy, where individuals express their own wishes directly with appropriate support

6. Rights to Advocacy

Clients have the right to access advocacy when:

• They have substantial difficulty in being involved in decisions about their care and treatment
• They lack capacity as defined by the Mental Capacity Act 2005 and there are no appropriate family or friends to support them
• They are subject to adult safeguarding enquiries or processes
• They are making significant decisions under the Care Act 2014 (e.g., assessments, care planning, reviews)
• They wish to make a complaint about their care or treatment

7. Responsibilities of Temporary Workers

Temporary workers must:

• Promote clients’ rights to make informed choices and express their views at all times
• Recognise when a client may benefit from independent advocacy (e.g., if they struggle to understand information, communicate their wishes, or are isolated)
• Support clients in accessing advocacy services by signposting or notifying the client organisation or {{org_field_name}} of the need
• Avoid substituting themselves as advocates unless specified by the client organisation and appropriate safeguards are in place
• Work respectfully with professional advocates involved in the client’s care
• Report safeguarding concerns, including where a client is being denied access to independent advocacy

8. Identifying the Need for Advocacy

Temporary workers should be alert to the following indicators that advocacy may be required:

• The client has difficulty understanding or retaining information related to care decisions
• The client has communication difficulties or language barriers
• The client is subject to safeguarding concerns or investigations
• The client expresses dissatisfaction or distress regarding care but struggles to raise it formally
• The client appears isolated or without informal support from family or friends
• The client has limited understanding of their rights or available choices

Temporary workers must record concerns clearly and share them with the responsible person at the client organisation and notify {{org_field_name}} in line with the Incident Reporting Policy.

9. Promoting Access to Advocacy

Temporary workers must:

• Inform clients of their right to access advocacy and independent advice
• Encourage clients to seek advocacy when appropriate
• Assist clients (where within their role) to make contact with advocacy services
• Respect the client’s right to decline advocacy services if they have capacity to do so
• Respect the role of appointed advocates and work collaboratively with them

Temporary workers should also be familiar with local advocacy services relevant to the client organisation or placement.

10. Independent Mental Capacity Advocate (IMCA) Services

The Mental Capacity Act 2005 requires the appointment of an IMCA when:

• A client lacks capacity to make significant decisions regarding serious medical treatment or changes in accommodation
• There are no appropriate family members or friends to support decision-making

Temporary workers must:

• Recognise when an IMCA referral is necessary
• Refer concerns to the client organisation to initiate the IMCA referral process
• Work with the IMCA, respecting their role and facilitating access to information, meetings, and discussions where appropriate

11. Confidentiality and Advocacy

Temporary workers must:

• Respect client confidentiality when supporting advocacy processes
• Ensure that client information is only shared with advocates on a need-to-know basis and with the appropriate lawful authority
• Seek guidance from the client organisation or {{org_field_name}} if unsure about information sharing

12. Supporting Advocates and the Advocacy Process

Temporary workers must:

• Cooperate fully with independent advocates when they are involved in a client’s care
• Facilitate client participation in advocacy meetings, assessments, and decision-making processes
• Ensure advocates have access to the relevant information, subject to client consent and data protection legislation
• Avoid obstructing or influencing the advocacy process

13. Training and Development

{{org_field_name}} will:

• Provide all temporary workers with training during induction on the principles of advocacy and the rights of clients to access advocacy services
• Reinforce the importance of advocacy and professional boundaries during supervision and appraisals
• Promote awareness of safeguarding, mental capacity, and best interest decision-making processes

Temporary workers must:

• Complete mandatory training before starting assignments
• Engage with reflective practice to improve understanding of advocacy and client rights
• Seek guidance if unsure about advocacy procedures

14. Safeguarding and Advocacy

Temporary workers must:

• Report safeguarding concerns immediately if they believe a client is being denied advocacy, being coerced, or having their rights restricted
• Recognise that preventing access to advocacy may constitute abuse or neglect
• Follow the {{org_field_name}} Safeguarding Adults and Children Policy and the client organisation’s safeguarding procedures

15. Director’s Responsibilities

In the absence of a registered manager, the director will:

• Oversee the implementation, monitoring, and review of this policy
• Ensure temporary workers receive advocacy awareness training
• Review incidents and complaints where access to advocacy may have been a concern
• Support temporary workers and client organisations to address any barriers to clients accessing independent advocacy
• Work with local advocacy services to maintain up-to-date information for temporary workers and clients
• Promote a culture where the voice, wishes, and choices of clients are respected and advocated for

16. Working with Client Organisations

{{org_field_name}} will:

• Ensure that temporary workers are informed of client-specific procedures for advocacy and complaints
• Work in partnership with client organisations to facilitate access to advocacy for clients
• Support client organisations during safeguarding enquiries and care planning where advocacy is required
• Share learning from incidents or complaints to strengthen advocacy practices

17. Continuous Improvement

The director will:

• Review this policy annually or sooner if prompted by changes in legislation, best practice, or internal learning
• Monitor complaints, safeguarding reports, and incident data to identify gaps or issues related to advocacy access
• Use feedback from temporary workers, clients, and advocates to improve training, supervision, and policy content
• Embed advocacy into the agency’s quality assurance framework to ensure consistent promotion of client rights

18. Policy Review

This policy will be reviewed annually by the director of {{org_field_name}} or earlier if indicated by legislative, regulatory, or operational changes. All updates will be communicated to temporary workers and client organisations.

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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}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.