Unit 301 What is independent Advocacy

Unit 301 What is independent Advocacy? Task A: Information pack You have been asked to prepare an information pack which can be given to people who are new to the work of an independent advocate. Prepare an information pack which can help them to understand models of advocacy and the standards that govern the work role. What is independent Advocacy? Independent Advocacy is a way to help people have a stronger voice and to have as much control as possible over their own lives. Independent Advocacy is: Standing alongside people who are marginalised in our society. Supporting them speak for themselves and Speaking on behalf of people who are unable to do so for themselves. The Independent advocate is always on the side of the client. Stages in Independent Advocacy? There are 7 stages to proving independent advocacy these are Explain What Advocacy is When we first meet our clients it is important that we explain what our role is. That we are there to support an individual say what they want to happen. II always ask people what their understanding of an advocate is and if they know why the referral has been made. it is important to me it is important that we manage our clients expectations just because someone has an advocate doesn’t mean that the advocate will be able to sort everything out Establish outcomes People usually contact the advocacy service or are referred as they want something to change. They will see the advocates role sis to support them get this change. You should establish with the client what is they want to change.( outcome) Provide Information In order for your client to make an informed decision they need to have information about the choices and options that are available to them. Explore Options Once your client has the information on their choice and options the different ways they can get there the client will need to establish the route they want to take. The advocate role is to explore the different options with the client but not to influence the route the client decides to take. Each client is different and there are no right or wrong routes and it is for client to decide what suits them best. Plan Action The advocate and the client should agree what steps need to be taken to get the agreed outcome(S) . It is important that the client retains control and supported to decide how they want to proceed. This includes deciding who does what the advocate should ask the client what tasks they want them to complete and well as what tasks the client feels able to complete themselves Take Action In order to support people be heard the advocate needs to take action they should take the action that has been agreed with the client. They should not be prevented from asking because they think it is unrealistic. Review and Evaluate Once the advocate and the client have taken the agreed action they need to review if the plan is working has the client got the outcome they want, if not what else needs to happen? Is the client happy with eh outcome they have achieved and what needs to happen. If the client is happy with the outcome the work may be finished and the case closed. We should remember to get feedback from the client on what the client feels about working with the advocate and the advocacy service How independent advocacy does differs from other forms of advocacy? Advocacy in its broadest sense can be done by most people it involves listening to a person, supporting them take control and be heard. For example parents often advocate for their children and social workers or support workers advocate for their clients. Where independent advocacy is different. It is always from the person centred perspective. The client is always in control of the process including ending it. You ca not be an independent advocate for a person unless they agree for you to do so The independent advocate will work: From the person’s view of the problem towards the outcome the person wants Provides information to support the person make an informed decision Supports the person to explore options and potential outcomes of particular courses of action without bias they are non-judgemental Recognises the person is the expert on their life What are the Boundaries and limitations on an independent advocate’s role? The independent advocate role is support decision making, they will always work towards the clients identified outcome Provide advice Take a view on the best interests of the client Take the view of third parties e.g parents social are professionals on a person’s best interests Provide counselling Withhold information from a client Make decisions on behalf of the person What other Services and professional are you likely to come into connect with You will come into contact with a range of services and professional in your role as an independent advocate this will be the services and people who are important in supporting your client get the outcome they want . These are likely to be Social care professionals, such as social workers, care managers , support workers Medical professionals, such as GPs. Occupational therapists, nurses. specialist Housing officers Sometimes employers You should only be contact with other services and professionals with the client’s permission. What are the models of advocacy? There is a range of models of advocacy, each with distinctive characteristics relating to type of work undertaken, length of involvement and appropriate person who should undertake the role. Self-advocacy Individuals represent and speak up for themselves, with support, either individually or collectively. This support can be in a paid or unpaid capacity. Key features include: Outward-facing model aimed at securing services and supports for the individual Focus on ensuring the person's voice is heard Promotes confidence, skills and knowledge and protection of individual rights (Lawton, 2009) Peer advocacy The advocate and the person have a common background, for example, they may have shared experience of service provision, "experts by experience" (Monaghan, 2012). Peer advocacy can be conducted on an individual or collective basis and often develops spontaneously, for example in care homes or day centres. Key features include: Focused on common problem solving Lessens the imbalance of power between the advocate and their advocacy partner as they have shared experiences Most effectively used with specific groups, for example, people with substance misuse problems or mental health problems as they can prefer advocates with similar experiences (SIAA, 2008) Volunteer Citizen Advocacy Volunteer Citizen Advocacy involves volunteers (unpaid) who are recruited, trained and matched with an individual - generally only one at a time. It involves a one-to-one relationship over an extended period and goes beyond befriending - the volunteer represents the views of the person. The partnership is independent, supported, but not influenced by, the advocacy organisation. Key Features: The relationship between the advocate and the individual (the partnership) is viewed as an outcome in and of itself The relationship continues regardless of any presenting 'issue' Citizen advocates are supported to use their own networks, as well as community organisations to support them to develop their social networks Independent/professional advocacy A partnership between a paid advocate and a person who accesses supports. The advocate provides support, information and representation, with the aim of empowering their partner and enabling them to express their needs and choices.. Key features include: Separation from other forms of direct service provision, e.g. social work Independent governance Independent funding arrangements (eg services are not directly funded by public bodies but via other indirect means, such as pooled budgets) Free from conflict of interest Individual rather than group advocacy Non Instructed Advocacy Non-instructed advocacy is used when a person is unable to instruct their advocate. This could be for the following reasons: a stroke or brain injury a mental health problem dementia a learning disability confusion, drowsiness or unconsciousness because of an illness or the treatment for it; substance misuse Non-instructed advocacy is used to represent a person, safeguard and secure their rights and ensure they are at the centre of decision making Advocacy Services Standards Our advocate services work toward to the advocacy charter which lays out the following standards he Advocacy Charter Advocacy is taking action to help people say what they want, secure their rights, represent their interests and obtain services 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. Clarity of Purpose The advocacy scheme will have clearly stated aims and objectives and be able to demonstrate how it meets the principles contained in this Charter. Advocacy schemes will ensure that people they advocate for, service providers and funding agencies have information on the scope and limitations of the schemes’ role. Independence The advocacy scheme will be structurally independent from statutory organisations and preferably from all service provider agencies. The advocacy scheme will be as free from conflict of interest as possible both in design and operation, and actively seek to reduce conflicting interests. Putting people first The advocacy scheme will ensure that the wishes and interests of the people they advocate for direct advocates’ work. Advocates should be non-judgmental and respectful of peoples’ needs, views and experiences. Advocates will ensure that information concerning the people they advocate for is shared with these individuals. Empowerment The advocacy scheme will support self-advocacy and empowerment through its work. People who use the scheme should have a say in the level of involvement and style of advocacy support they want. Schemes will ensure that people who want to, can influence and be involved in the running and management of the scheme. Equal Opportunity The advocacy service will have a written equal opportunities policy, that recognises the need to be proactive in tackling all forms of inequality, discrimination and social exclusion. The scheme will have in place systems for the fair and equitable use of the advocates’ time. Accountability The advocacy scheme will have in place systems for the effective monitoring and evaluation of its work. All those who use the scheme will have a named advocate and a means of contacting them. Accessibility Advocacy will be provided free of charge to eligible people. The advocacy scheme will aim to ensure that its premises, policies, procedures and publicity materials promote access for the whole community. Confidentiality The advocacy scheme will have a written policy on confidentiality, stating that information known about a person using the scheme is confidential to the scheme and any circumstances under which confidentiality might be breached. Supporting Advocates The advocacy scheme will ensure advocates are prepared, trained and supported in their role and provided with opportunities to develop their skills and experience. Complaints The advocacy scheme will have a written policy describing how to make complaints or give feedback about the scheme or about individual advocates. Where necessary, the scheme will enable people who use its services to access external independent support to make or pursue a complaint. What does this mean and how do the standards impact work Clarity of purpose Advocates should be clear about the nature and extent of their role. They should understand the boundaries of their own advocacy role and non- advocacy roles such as mediation and advice giving. Advocates should not act outside of these boundaries. Advocates should seek permission (where the client has the capacity to consent or refuse) to refer people on to other agencies where appropriate. Advocates should refer clients who lack capacity to consent to other appropriate services, including other advocacy providers, where appropriate/in their best interests (in accordance with the Mental Capacity Act 2005). Advocates should be able to explain, in straightforward language, what advocacy is and isn’t; why some people need advocacy; where people have a statutory right to access advocacy; where there is a statutory duty placed on the NHS or Local Authority to instruct an advocate; and the benefits advocacy can bring. They should be equipped to answer questions and deal with enquiries about advocacy. Advocates should be responsible for providing clients with a clear explanation of their role at the start of any new relationship, which should include providing easy to read materials where this is required. Advocates should provide written information about their organisation and a copy of the Code of Practice to clients, carers or other professionals if requested.  Independence Advocates should be able to describe how they are independent from other service providers. Advocacy providers should ensure there is a service level agreement where they receive funding from the local authority or other organisation that provides services that are not advocacy e.g. domiciliary care or supported housing. This should make clear that the advocacy provider is independent from the other organisation. Advocacy providers should have suitable policies and processes in place that support them to challenge decisions made on behalf of their clients by practitioners working in health and or social services. Advocates should take all appropriate steps to avoid conflicts of interest occurring in their work with clients. Where a conflict of interest does arise, it should be declared to the line manager and advice should be sought as to how to proceed. Advocates should be free to act according to the wishes and needs of clients. They should not be compromised through requirements of contracts to act in a certain way that is not in line with advocacy principles or other guidance such as the Mental Health Act 1983 Code of Practice; Mental Capacity Act 2005 Code of Practice or Advocacy Code of Practice whilst carrying out their duties. Where this occurs, it should be reported to the line manager at the earliest opportunity Person Centred Advocates should ensure advocacy support is appropriate to the client’s needs and/or expressed wishes. Advocates should take instruction from clients where they have the capacity to instruct Advocates should base their actions on mutually agreed plans and preferred outcomes, and work in partnership with clients to achieve this. Where advocates are acting in a non-instructed role their actions should be guided by the framework of the Mental Capacity Act 2005, the Mental Health Act 1983 (where applicable) and the recognized approaches to non- instructed advocacy. Empowerment 1. The advocate promotes self-advocacy 2. Promotes supported decision making 3. The advocate will promote clients rights at decision making meetings 4. Advocates should be able to explain to all clients what their rights and options are with respect to the specific decision or be able signpost to the person who can 5. Advocates should inform clients of their right to request a change of advocate 6. Advocates should recognise the existing skills of clients, and support people to develop new skills and the confidence to speak for themselves. 7. Advocates should provide clients with information about making a complaint about the service and/or the advocate 8. Advocates should provide clients with information about how they can give feedback to the advocacy provider about its work and how to get involved in the wider activities Harrow Mencap f they wish . Equal opportunity 1. Harrow Mencap tries to ensure that they are able to meet the needs of the population they serve and where this is compromised e.g. due to lack of resources, this is raised with relevant stakeholders, commissioners and funders 2. Advocates should be fully conversant with their organisation’s equal opportunities policy and be able to explain it to others in straightforward language. Advocates should adhere to this policy at all times. 3. Harrow Mencap should be aware of their duties and responsibilities under relevant human rights and equality legislation including the Equality Act 2010, Human Rights Act 1998 and other relevant wider policies that promote personalisation and person centred care and support. 4. Advocates should counter/challenge any evidence of unfair or unequal treatment and challenge discriminatory practice. Harrow Mencap ensures there are systems in place that enable advocates to whistleblow, make complaints, make a safeguarding alert or seek legal advice where appropriate. 5. Advocates should be respectful of clients’ religious, cultural and spiritual needs and be proactive in ensuring these are met. Where a client expresses a preference for advocates with particular skills, knowledge or attributes, this should be referred to the line manager. Accessibility Advocates should not make a charge to clients Harrow Mencap should ensure there is information made publicly available about their service and its remits on their websites and in written information, in a format reflective of the needs of local client groups e.g. in other languages, Makaton, Easy Read, Braille etc. There should be a clear referral process Advocates should respond positively to requests from clients to meet in places and at times, which are mutually convenient. Where necessary, the advocate should make arrangements for accessible meeting places, which are acceptable to the client and/or setting they are in. Advocates should make every effort to ensure that information they have gathered on behalf of the client is accessible and understandable to them. Supporting Advocates. Advocates should have access to regular supervision Advocate will have access to relevant training and personal development activities Harrow Mencap will ensure should ensure that advocates are supported to carry out their roles safely and competently through having the right knowledge and skills. Advocates should ensure they have access to, and know how to use, a wide range of information resources such as books, journals and the internet, which are accurate and up to date. Accessibility Advocates should operate within the law at all times, and ensure they adhere to Harrow Mencap employment and funding contracts. Harrow Mencap and advocates should be aware of their statutory duties with regards to human rights legislation and safeguards. . Advocates are accountable on different levels, including to their organisation and the client. In practice this means that: Advocates should keep accurate and up to date written records of actions taken and progress made with their work. Clients should be kept informed of and involved in all aspects of the advocacy process. Advocates should comply with the organization’s data collection policy and the Data Protection Act 1998 and ensure client-monitoring information is routinely collected and fed back to the organisation. Advocates should not hold money or possessions belonging to a client. In exceptional circumstances where there is no alternative but for the advocate to do so, proper records and receipts should be kept and the line manager must be notified of any such transactions at the earliest opportunity. Advocates should not accept gifts other than one-off, inexpensive items, which should be declared to the line manager. Further gifts should be declined, and an explanation given to the client. Advocates should not make promises to clients, which they may not be able to fulfil. Advocates should conduct themselves in a professional and responsible manner in all dealings with clients, carers and other professionals. Where disputes do arise, these should be referred to the line manager at the earliest opportunity. Confidentiality Harrow Mencap ensures that its confidently policy is compliant with the data protections act The advocate will ensure that they understand the confidentiality policy and will explain it at the first possible opportunity to their client Advocates should at all times observe and respect the rights and remits of confidentiality for clients within the policy of the organisation which should include e:Breaching confidentiality where there are concerns for the health and / or safety of the person or others. Sharing information in line with the Data Protection Act 1998 and Mental Capacity Act 2005 when it is deemed to be in the client’s best interests. Awareness of the responsibilities of being a ‘record holder’ under the Data Protection Act 1998 and the holding of data about clients Complaints 1. Harrow Mencap should ensure that complaints are dealt with in a timely manner and in accordance with the organization’s policies and procedures. 2. Advocates should be fully conversant in the complaints procedure and be able to explain it in straightforward language to both clients and other relevant stakeholders. 3. Advocates should ensure that clients are made aware of their right to make a complaint about the advocate or advocacy service. 4. All complaints received by the advocate in the course of their work, whether verbal or written, should be passed on to their line manager at the earliest opportunity. Safeguarding have suitable adult and child safeguarding policies and procedures in place that enable the advocate to make a safeguarding alert or represent the client through the process. Advocates should be trained in and knowledgeable about the different forms in which abuse and neglect can take place, including but not limited to, physical, emotional and financial abuse. Advocates should be aware of the appropriate action to take if safeguarding issues are identified. Advocates should be aware of the organisation’s whistleblowing policy and procedures and be supported to make use of these where appropriate. The organisation should have a clear policy, which is understood by all advocates, detailing in what circumstances client confidentiality can be breached. Harrow Mencap has strong links with Harrow safeguarding team and the local safeguarding adult board if alerts need to be raised. Advocacy Dilemmas Sometimes an advocate is faced with a dilemmas because of the nature of the work, human beings are complex it’s important that we remember the advocacy charter and code of practice when faced with dilemmas and discuss them with your line manager. Dilemmas could be the person wants you to advocate for something that is harmful to them. The issue here is whether people have capacity. We should always assume that people have capacity, everyone makes unwise decisions at times and it is there right to do so, if they have the capacity. For example I once had a client who had an ulcer and the Dr had told him not to drink coke. The home had restricted his money so he wouldn’t buy coke. He informed me that he wanted access to his money her would buy coke with it and he knew it was harmful to his health. This was obviously an informed choice and his to make as an advocate I supported him say why he wanted to access to his money. At time a client may not tell you all the facts when you first meet them this may make you feel that they are not truthful and feel you can’t advocate for them. You should remember that clients have let down in the past or had people make judgements about them so it could take them time to trust you. You can tell the client that you won’t judge them and it easier if they tell you everything but you may just have to take it slowly in order to build the trust. Another dilemma could be that the client asks you to advocate for something that you feel is unachievable this should not stop you advocating for it . You can be c surprised about what you think should be agreed being refused and what you think is unobtainable being agreed