Our Support

What is Advocacy

Advocacy is taking action to help people say what they want, uphold their rights, represent their needs and wishes and support them to access the services they need. Advocacy support promotes social inclusion, equality and social justice.

Types of advocacy

We provide the following types of advocacy support:

Paid Relevant Person’s Representative

Independent Mental Capacity Advocacy
Care Act Advocacy

What is a Paid Relevant Person’s Representative?

Under the DoLS framework:

Relevant Person: This is the individual who is subject to the deprivation of liberty.
Representative: This is a person appointed to support and represent the relevant person, ensuring that their rights are protected. If no suitable friend or family member is available to act as the representative, a Paid Relevant Person’s Representative (PRPR) may be appointed by the local authority.

The PRPR is a professional advocate, who is trained and experienced in supporting individuals who are deprived of their liberty. They are paid by the local authority for their services.

A Paid Relevant Person’s Representative (PRPR) is a legal or advocacy role in the context of safeguarding the rights and interests of individuals who are subject to a deprivation of liberty under the Mental Capacity Act 2005 in England and Wales. This Act includes provisions known as the Deprivation of Liberty Safeguards (DoLS), which apply to people who lack the mental capacity to consent to their care arrangements and are at risk of being deprived of their liberty in a care home or hospital.

Responsibilities of a PRPR

The PRPR has several key responsibilities:

Visiting the Relevant Person: The PRPR is required to visit the relevant person regularly, ensuring their care and treatment are appropriate and that their rights are upheld.
Monitoring Deprivation: The PRPR checks whether the deprivation of liberty remains in the best interests of the individual and whether less restrictive alternatives are available.
Advocating for the Relevant Person: If necessary, the PRPR can challenge the deprivation of liberty, which might involve appealing to the Court of Protection.
Providing Information: The PRPR keeps the relevant person and any involved parties informed about their rights and the DoLS process.

Benefits of PRPR Support

Protection of Rights: The PRPR plays a critical role in ensuring that the relevant person’s human rights are respected, particularly their right to liberty and the least restrictive form of care.
Objective Oversight: Unlike family members who may have emotional ties or conflicts of interest, a PRPR provides impartial and professional oversight, ensuring decisions are made solely in the relevant person’s best interests.
Expert Advocacy: A PRPR is trained in the complexities of the Mental Capacity Act and DoLS, enabling them to provide effective advocacy and challenge decisions if necessary.
Consistency in Support: If a relevant person has no close family or friends to act as their representative, a PRPR ensures they are not left without support, providing a consistent point of contact.
Empowerment and Voice: The PRPR helps give a voice to individuals who may struggle to express their wishes or understand their situation due to mental capacity issues, ensuring their views and preferences are considered.

Overall, the PRPR is an essential safeguard in the DoLS process, helping to balance the need for care and safety with the protection of individual liberty and autonomy.

Independent Mental Capacity.

Independent Mental Capacity (IMCA) refers to an individual’s ability to make decisions and understand the consequences of those decisions without being influenced or controlled by others. It involves the cognitive and emotional capability to process information, weigh options, and come to a conclusion that reflects one’s own values, preferences, and understanding. In legal and medical contexts, assessing someone’s mental capacity is crucial when determining if they can make decisions about their health or legal matters. The IMCA role assures:

Understanding: The person can comprehend the information relevant to the decision at hand.
Retention: The person can retain that information long enough to make the decision.
Weighing: The person can weigh the information as part of the decision-making process.
Communication: The person can communicate their decision, whether by speaking, writing, or other means.

Benefits of Independent Mental Capacity Advocacy:

Autonomy: By supporting IMC, individuals retain control over their own lives. They are able to make decisions that align with their personal values, desires, and goals. This autonomy is a fundamental aspect of human dignity and self-determination.
Empowerment: Supporting IMC empowers individuals to participate actively in their own lives. It encourages them to take responsibility for their decisions and actions, which can lead to greater confidence and self-esteem.
Protection of Rights: Supporting IMC helps ensure that individuals’ legal rights are protected. It prevents situations where others might unjustly take control over someone’s life, such as in cases of financial abuse, coercion, or undue influence.
Personalized Care: In healthcare settings, supporting IMC ensures that medical treatments and care plans align with the individual’s preferences and values. This leads to more personalized and acceptable care, improving overall satisfaction and outcomes.
Legal Clarity: In legal contexts, having clear assessments of an individual’s mental capacity ensures that decisions made by or for them are legally sound and less likely to be contested.
Social Inclusion: Supporting IMC fosters social inclusion by allowing individuals to participate in community and social activities, contributing to their sense of belonging and mental well-being.
Ethical Integrity: Upholding a person’s independent mental capacity reflects ethical principles of respect for persons, justice, and beneficence. It ensures that individuals are treated with the respect they deserve as autonomous agents.

In summary, independent mental capacity is a crucial aspect of human dignity and autonomy. Supporting it allows individuals to lead fulfilling lives in accordance with their own choices, ensures their rights are upheld, and fosters a sense of empowerment and inclusion.

What is Care Act Advocacy?

Under the Care Act 2014, local authorities are required to provide an independent advocate to individuals in specific circumstances. Advocacy under this act is provided to ensure that people who have substantial difficulty in being involved in the assessment, care planning, and review processes are supported. These advocates help individuals:

Understand information related to their care and support.
Communicate their wishes and feelings effectively.
Make informed decisions about their care and support.
Challenge decisions made by authorities if they feel their rights are not being respected.

Who is Eligible?

A person is eligible for Care Act Advocacy if:

They have substantial difficulty in understanding, retaining, or weighing up information, or communicating their views, wishes, and feelings.
There is no appropriate individual (like a family member or friend) available to support them.

Benefits of Care Act Advocacy

Empowerment: Advocacy empowers individuals by ensuring they have a voice in decisions about their care and support. This is particularly important for those who may struggle to make themselves heard or understand complex processes.
Protection of Rights: Advocates help protect the rights of individuals, ensuring that they are treated fairly and that their preferences are considered in care decisions.
Improved Decision-Making: With the support of an advocate, individuals are more likely to make informed decisions about their care, leading to outcomes that better reflect their needs and wishes.
Enhanced Participation: Advocacy encourages and facilitates greater participation in care planning and decision-making, leading to more personalized and appropriate care solutions.
Support During Complex Processes: Navigating the care system can be challenging, particularly when assessments and care plans are involved. Advocates provide essential support in these complex processes, ensuring that individuals’ voices are heard and their rights are upheld.
Legal Compliance: By providing advocacy, local authorities comply with their legal obligations under the Care Act 2014, ensuring that individuals receive the support they are entitled to by law.

Conclusion

Care Act Advocacy is a vital service that ensures vulnerable individuals receive the support they need to navigate the care system. It upholds their rights, ensures their voices are heard, and helps them make informed decisions about their care and support.

What is Independent Mental Health Advocacy (IMHA)

Independent Mental Health Advocacy (IMHA) is a specialized advocacy service designed to support individuals who are detained under the Mental Health Act (MHA) or are subject to specific sections of the MHA, such as those under community treatment orders or guardianship. IMHAs are trained to help service users understand their rights under the Mental Health Act, navigate complex processes, and ensure that their voice is heard in decisions about their treatment and care.

Advocates in this role empower individuals to:

Understand the implications of their detention.
Communicate their wishes and concerns to professionals, such as doctors or social workers.
Challenge decisions, such as their treatment plan or sectioning.
Access additional resources and information for informed decision-making.

What is NHS Health Complaints Advocacy

NHS Health Complaints Advocacy supports individuals who wish to make a complaint about the care or treatment they have received from the NHS. This could involve any NHS service, including hospitals, GP practices, dental services, or mental health services. NHS health complaints advocates guide individuals through the often complex and intimidating complaints procedure, ensuring that their concerns are addressed fairly and appropriately.

Key roles of an NHS complaints advocate include:

Providing information about the complaints process.
Assisting in writing letters or preparing documentation.
Attending meetings with the complainant to help express concerns and ensure responses are understood.
Ensuring that the complainant’s rights are upheld, and the complaint is resolved in a satisfactory manner.

What is Generic Advocacy

Generic advocacy is a broader form of advocacy that is not limited to specific legal frameworks or services like mental health or NHS complaints. It is a service available to anyone who requires support in voicing their concerns, making decisions, or understanding their rights in a wide range of settings. This can include issues related to housing, social care, education, employment, and more.

A generic advocate’s role involves:

Supporting individuals to express their views and wishes.
Providing information to help individuals make informed choices.
Ensuring the individual’s rights are upheld in interactions with authorities, organizations, or service providers.
Assisting with paperwork, representation in meetings, and connecting individuals to relevant resources.

How Advocacy Assured Delivers These Roles Effectively

1. Highly Skilled and Trained Advocates: Advocacy Assured ensures its advocates are thoroughly trained in the relevant legal frameworks, such as the Mental Health Act for IMHA, the NHS complaints process, and broader advocacy principles. Continuous professional development equips advocates with the knowledge and tools to navigate complex systems and support clients with confidence.

2. Person-Centered Approach: Advocacy Assured places the individual at the heart of the process. They listen to each person’s unique needs, ensuring that their wishes and concerns are respected and reflected in every interaction. By empowering individuals to take control of their situations, Advocacy Assured helps clients build confidence and autonomy.

3. Confidentiality and Independence: As independent advocates, Advocacy Assured ensures that their services are impartial and focused on the client’s best interests, free from conflicts of interest. This allows individuals to speak freely and trust that their advocate is solely dedicated to representing their voice and protecting their rights.

4. Clear Communication and Guidance: Advocacy Assured simplifies complex processes, whether it’s the Mental Health Act or NHS complaints, and provides clear, accessible guidance. They help individuals understand their rights, options, and the steps needed to move forward, ensuring that clients are well-informed throughout their journey.

5. Ongoing Support and Representation: Whether an individual needs short-term assistance, such as help filing a complaint, or long-term advocacy during mental health detention, Advocacy Assured offers tailored support. Their advocates attend meetings, hearings, and provide ongoing representation to ensure that the client’s voice is consistently heard.

6. Advocacy for All: With expertise in generic advocacy, Advocacy Assured supports individuals in a wide variety of contexts, ensuring that everyone, regardless of their issue or background, has access to the advocacy they need. This holistic approach ensures that Advocacy Assured can meet diverse community needs effectively.

Through professionalism, compassion, and a deep commitment to upholding individual rights, Advocacy Assured successfully fulfills these advocacy roles, ensuring that everyone they support is heard, respected, and empowered.