The Basics of Advocacy

For Health Professionals

Sean Ledington (Student Nurse)

Presentation Outcomes

• An understanding of what advocacy is and what it is not.

• Knowledge of the different types of advocacy

• What ‘Valuing People Now ’ says on advocacy

• How the Mental Health Act (2007) affects advocacy

• Think about becoming a volunteer advocate

Advocacy is speaking up for, or acting on behalf of, yourself or another person.

Advocacy can help people to:

• Make clear their own views and wishes; • Express and present their views effectively; • Obtain independent advice and accurate information; • Negotiate and resolve conflict.

What is advocacy ?

Advocacy can enable people to take more responsibility and control for the decisions which affect their lives.

Source:http://www.cambridgeshire.gov.uk

Advocacy aims to achieve a more equal and just society

Source:http://www.scagroup.co.uk/index.php/advocacy/

What does an advocate help a person with ?

An advocate can help you say what you want

Should empower the person they are working with

An advocate cannot:

• give you biased advice or choose for you • take other people's side • be there all the time

Source:http://www.advocacymatters.co.uk/default.aspx?page=16125

If you see bad practice by the advocate you should report it

Types of Advocacy

(sometimes called paid or independent advocacy)

This type of advocacy is time limited case work and involves an advocate being called in to support and represent someone who is facing a particular problem or issue in their life.

Crisis Advocacy

When the advocate is usually called in if the person’s problem or issue is at crisis point. For example someone may be due in court and need support to understand the process. It is short term, issue based advocacy and support is withdrawn when the issue or problem is resolved.

Citizen Advocacy.

This involves a volunteer developing long term relationships with people and speaking up for them

This involves people who have the same experiences, problems, discriminations, or issues as the person they are advocating for

People come together in groups to speak up about things that are important to them. Self-advocacy groups try to change the way people feel about themselves and change other people's attitudes. They also try to change services and policies.

Dudley Voices for Choice    

Walsall - Making Our Choice

Valuing People Now & Advocacy

Valuing People Now says that all people with learning disabilities can speak up and be heard about what they want from their lives – the big decisions and the everyday choices.  If they need support to do this, they should be able to get it. (section 1)

Section 4.3 states that children who are subject to a protection plan or care proceedings should have access to independent advocacy and that advocacy services should be made available to help parents engage and access services

The Mental Health Act and Advocacy

The Mental Health Act & Advocacy

Under the new Mental Health Act (MHA 2007) people with learning disabilities and people with a mental illness have a right to independent advocacy.

There are some times when it is especially important for you to get advocacy support:1. In hospital 2. On an order which says that: * you must stay in hospital * you can only stay out of hospital on certain conditions * you can be given treatment even if you do not want it.

3. Going to a Tribunal meeting

Doctors, Nurses, Social Workers and Mental Health Officers should make sure they give information on independent advocacy to people who need it. They should make sure it is free.

You should give accessible information (for example in large print).

The new Mental Health Act arrangements (2009 section 130A) means that certain people detained under the Act and called ‘qualifying patients’* are now entitled to the support of an independent mental health advocate to provide information about their rights under the act and any aspect of their care.

For example, if a detained patient does not agree with the medication prescribed, they may be advised by the advocate of their right to have a second opinion from an independently appointed doctor.

Only someone who is formally employed as an advocate by either a commissioner (a primary care trust or local authority) or an organisation that has a contract with a commissioner can act as an IMHA .

*Qualifying Patients Under Section 30 of the Mental Health Act (2007)• a detainee under the Mental Health Act (1983) (even if they are

currently on leave of absence from hospital)• a conditionally discharged restricted patient

• subject to guardianship• a supervised community treatment patient.

The MHA places a duty on the “responsible person” to provide verbal and written information about IMHA services to qualifying patients.(See MHA, 130D)

Informing the patient of their right to an IMHA

“Responsible person” includes:• managers of the hospital,• the responsible clinician ( YOU )• the local services authority,• the registered medical practitioner or approved clinician.

Independent Mental Capacity Advocate ( IMCA )

What is an IMCA?

The Mental Capacity Act 2005 introduced the new statutory role of the Independent Mental Capacity Advocate ( IMCA ) to support people who

lack capacity to make certain decisions.

An IMCA must be instructed by the NHS and/or Social Services, where there is a decision to be made regarding either serious medical

treatment or change of accommodation AND the person has no close family or friends to represent their views and the person has been deemed

by the Decision Maker to have capacity not to make that decision in accordance with the Mental Health Act.

This can include:People with dementia or mental ill health

People with learning disabilities and physical disabilities People who have had a stroke

People with acquired brain injuries, who are unconscious or in a coma

Volunteer Advocate - Why Do It?

• Learn new skills. • Practice the skills you have. • Become more confident. • Put some volunteering experience on your CV. • Pick up some good ideas from other people.

• Show employers that you can handle commitment. • Meet people who can help you find paid work. • Have things to talk about in a job interview. • Get references after a period of volunteering.

Any Questions ?

Merry Christmas