3.1 Explain when advocacy services must be used

This guide will help you answer The RQF Level 3 Diploma in Care 3.1 Explain when advocacy services must be used.

Advocacy services play a really important role in health and social care, ensuring that individuals’ voices are heard, and their rights are upheld. These services become particularly essential when an individual cannot effectively communicate their needs, wishes, or preferences. Understanding when to use advocacy services is essential for delivering person-centred care.

What is Advocacy?

Advocacy is the act of supporting, enabling, and empowering individuals to express their views, wishes, and rights. An advocate is someone who provides this support, ensuring that the person’s voice is heard in decisions affecting their lives.

Types of Advocacy

There are various types of advocacy including:

• Self-Advocacy: Empowering individuals to speak up for themselves.
• Professional Advocacy: Provided by trained professionals who act on behalf of the individual.
• Peer Advocacy: Offered by someone who has shared experiences.
• Citizen Advocacy: Usually a long-term relationship between a volunteer and the individual needing advocacy.
• Statutory Advocacy: Required by law, such as Independent Mental Health Advocates (IMHAs) and Independent Mental Capacity Advocates (IMCAs).

When to Use Advocacy Services

1. Lack of Capacity

Advocacy services must be used when an individual lacks the capacity to make informed decisions about their care or welfare. According to the Mental Capacity Act 2005, an Independent Mental Capacity Advocate (IMCA) must be provided when:

• Decisions are required about serious medical treatment.
• There is a need to arrange or change accommodation.
• The person does not have family or friends to represent them.

2. Mental Health Conditions

Individuals with mental health conditions may require an advocate to support them, especially during assessments or treatment. For instance, under the Mental Health Act 1983, an Independent Mental Health Advocate (IMHA) must be provided to people detained under certain sections.

3. Communication Barriers

Individuals who have difficulties in communicating due to disability, language barriers, or other reasons should be provided with an advocate. This ensures that their needs are accurately represented and understood by healthcare providers.

4. Safeguarding Concerns

Advocacy services are essential when there are safeguarding concerns. Vulnerable adults or children who are at risk of abuse, neglect, or exploitation need an advocate to ensure their safety and well-being.

5. Complex Needs or Situations

When individuals have complex needs or are involved in intricate care decisions, advocacy services are necessary. This ensures they receive comprehensive, coordinated, and personalised care.

6. Conflicts of Interest

When there is a potential conflict of interest, advocacy services help maintain objectivity. For example, if family members or other caregivers have differing opinions about the individual’s care, an advocate can help ensure the person’s wishes are prioritised.

The Role of an Advocate

1. Listening and Understanding

Advocates actively listen and seek to understand the individual’s views, wishes, and preferences. They gather information to accurately represent these to others.

2. Representation

Advocates present the individual’s perspective during meetings, assessments, and care reviews. They ensure that the person’s voice is heard and considered in decision-making processes.

3. Information Provision

They provide clear, accessible information to the individual about their rights, options, and services. Advocates help individuals understand complex information and make informed decisions.

4. Supporting Rights

Advocates uphold and promote the individual’s rights, challenging decisions and actions that may infringe on these rights. They ensure compliance with relevant legislation and policy.

5. Empowerment

Advocates empower individuals to have more control over their lives. They support self-advocacy whenever possible, fostering independence and confidence.

Legal Requirements for Advocacy

1. Mental Capacity Act 2005

This Act requires the provision of IMCAs in specific situations involving people who lack the capacity to make certain decisions and have no family or friends to represent them.

2. Care Act 2014

Under this Act, local authorities must involve an advocate when an individual has substantial difficulty in participating in care and support planning, including during assessments and care reviews.

3. Mental Health Act 1983

This Act mandates the provision of IMHAs to help individuals understand and exercise their rights under the Act, particularly for those detained under certain sections.

How to Access Advocacy Services

Individuals can access advocacy services through various channels, including:

• Local Authorities: Local councils are required to provide or arrange advocacy services under the Care Act 2014.
• Healthcare Providers: Hospitals, clinics, and other healthcare settings often have links to advocacy services.
• Voluntary Organisations: Numerous charities and non-profits offer advocacy services, such as Age UK, Mind, and VoiceAbility.
• GPs and Social Workers: They can refer individuals to appropriate advocacy services.

Final Thoughts

Advocacy services are essential in ensuring that individuals’ rights, wishes, and needs are respected and acted upon in health and social care settings. They are particularly important when dealing with lack of capacity, mental health conditions, communication barriers, safeguarding concerns, complex needs, and conflicts of interest. Using advocacy services appropriately is essential for delivering person-centred, inclusive, and effective care.

By understanding when to use advocacy services, healthcare workers can better support the individuals they care for, ensuring their voices are always heard.

Example answers for unit 3.1 Explain when advocacy services must be used

Example Answer 1

I would use advocacy services when the person I am supporting cannot make decisions for themselves. For example, if they have dementia or a severe learning disability and there’s no family or friends around to help. An Independent Mental Capacity Advocate (IMCA) would be needed to make sure their best interests are considered when making big decisions like moving to a new home or undergoing serious medical treatment. This way, their rights and wishes are protected.

Example Answer 2

When working with someone who has mental health issues, advocacy services are essential. For instance, if I support a person detained under the Mental Health Act, they have the right to an Independent Mental Health Advocate (IMHA). This advocate helps them understand their rights, makes sure their voice is heard during treatment decisions, and supports them through the legal aspects of their detention. It’s essential to ensure they are not overlooked or misunderstood.

Example Answer 3

I often support people who struggle with communication, either because of a disability or because English is not their first language. In these cases, using an advocate ensures that they can express their needs and preferences effectively. For example, using a professional advocate can help translate both language and complex medical terms, ensuring that the person understands their options and can make informed choices about their care.

Example Answer 4

In safeguarding situations, advocacy services are really important. If I suspect that a person I care for is being abused or neglected, I would ensure they have an advocate who can represent them and speak on their behalf. This is really important for protecting vulnerable individuals who might not be able to voice their concerns or stand up for themselves. An advocate in this situation helps ensure their safety and wellbeing are prioritised.

Example Answer 5

When supporting individuals with complex care needs, an advocate can be really helpful. For example, if someone I work with has multiple health conditions requiring coordinated care from different services, an advocate can ensure that all aspects of their care are aligned with their wishes. This can prevent misunderstandings or conflicting care plans, ensuring a more holistic and person-centred approach to their healthcare.

Example Answer 6

If there is a disagreement among family members or between the person and their family about the best course of action, I would use advocacy services. An advocate can help mediate and present the person’s own wishes and preferences. For instance, if a person wants to remain at home but their family prefers them to go into a care home, an advocate can ensure the person’s choice is heard and considered in any final decisions. This helps resolve conflicts in a way that honours the individual’s autonomy and desires.