3.1. Analyse the roles and responsibilities of an advocate

This guide will help you answer 3.1. Analyse the roles and responsibilities of an advocate.

Advocates play a crucial role in health and social care settings. Their primary responsibility is to empower individuals by ensuring that their voices are heard and their rights are upheld. Advocacy is particularly important for individuals who may struggle to express their needs or make decisions for themselves due to various reasons, such as health conditions, disabilities, or language barriers.

This guide covers the specific roles and responsibilities of an advocate, including supporting individuals, protecting rights, and acting in their best interests.

Defining Advocacy

Advocacy refers to the practice of representing and supporting someone who needs assistance in having their voice heard. The advocate acts on behalf of individuals or groups to promote their interests and ensure that their views and needs are considered in decisions affecting their lives.

In health and social care, advocacy can be formal or informal:

• Formal Advocacy: Involves trained professionals, such as Independent Mental Capacity Advocates (IMCAs), who are appointed under specific legal frameworks.
• Informal Advocacy: May involve friends, family members, or other carers who support an individual.

Support in Decision-Making

One of the key roles of an advocate is to help individuals make informed decisions. Many people receiving care may face challenges in understanding complex information or communicating their choices. This could be due to cognitive conditions, mental health issues, or language differences.

Advocates are responsible for:

• Listening to individuals to understand their preferences and concerns.
• Providing clear explanations of available options, ensuring individuals fully understand the implications of each choice.
• Assisting individuals in expressing their preferences in meetings, legal proceedings, or care planning discussions.

Ensuring Rights Are Upheld

Every individual has the right to access services, treatment, and opportunities without discrimination. An advocate works to ensure these rights are protected and upheld.

Key responsibilities in this area include:

• Challenging decisions or actions that infringe on a person’s rights, such as unequal access to care or being denied services.
• Ensuring that care providers and organisations comply with legal requirements, such as the Equality Act 2010 and the Human Rights Act 1998.
• Speaking out against abuse, neglect, or unfair treatment, regardless of its source.

Advocates also act as a safeguard to prevent decisions being made that overlook the individual’s wishes or best interests.

Building Trust and Rapport

To be effective, an advocate needs to establish trust with the person they are supporting. Without a strong relationship, the individual may not feel confident in sharing their concerns or preferences.

Steps for building trust include:

• Always acting in the person’s best interests.
• Being honest and transparent about what advocacy can and cannot achieve.
• Listening actively and respectfully to the person’s thoughts and feelings.
• Maintaining confidentiality and only sharing information with consent.

Protecting Confidentiality

Advocates must protect the confidentiality of the individuals they represent. This means handling sensitive personal information carefully and following strict data protection regulations.

Responsibilities include:

• Sharing information only with authorised people and organisations, and only when necessary.
• Keeping written records secure by locking filing cabinets or encrypting digital files.
• Preventing unauthorised access to information.

Maintaining confidentiality is essential to build trust and protect the individual’s privacy.

Providing Representation

Many individuals in health and social care settings face situations where they cannot represent themselves. An advocate steps in to act as their representative.

Examples of representation include:

• Speaking on behalf of someone during meetings with healthcare professionals.
• Making phone calls or writing letters to ensure their needs are met.
• Attending court hearings or appeals to present their case.

Advocates must ensure they represent the individual’s views accurately. If the person cannot communicate their wishes, the advocate should act in their best interests based on available information.

Promoting Independence

Advocates do not make decisions for individuals; instead, their role is to promote independence. They empower the people they support by encouraging them to take an active part in decision-making wherever possible.

Advocates may:

• Help individuals understand their options and gain confidence in expressing their views.
• Suggest tools like speech aids or translators to reduce communication barriers.
• Encourage individuals to learn skills that will enable them to self-advocate in the future.

By promoting independence, advocates enable people to gain control over their lives and participate in decisions affecting their care.

Advocacy in Legal Contexts

Some advocacy roles are established by law under specific circumstances. For example, Independent Mental Capacity Advocates (IMCAs) are appointed when someone lacks the capacity to make decisions about serious issues like medical treatment or accommodation.

In legal contexts, the advocate’s responsibilities include:

• Investigating the person’s situation and gathering the necessary evidence.
• Presenting the person’s case accurately to decision-makers.
• Ensuring the individual’s legal rights and entitlements are not violated.

IMCAs work under the Mental Capacity Act 2005 and focus solely on the person’s best interests.

Advocacy for Vulnerable Groups

Advocates often work with groups who are particularly vulnerable to discrimination, neglect, or abuse. These may include:

• People with disabilities
• Older adults in residential care
• Individuals experiencing homelessness
• Refugees with limited English skills

Advocates support these groups by ensuring their specific needs are considered and met. This may involve challenging stereotypes and addressing systemic barriers to access.

Advocates in Safeguarding

An advocate plays an important role in safeguarding vulnerable individuals from harm. Safeguarding involves protecting people from abuse or neglect and ensuring their well-being.

Advocates contribute to safeguarding by:

• Identifying any signs of abuse or neglect and reporting concerns promptly.
• Supporting the individual during safeguarding meetings or investigations.
• Ensuring that changes made to protect the person are in line with their wishes or in their best interests.

Teamwork with Professionals

Advocates often work alongside other health and social care professionals to achieve the best outcomes for the individual. Effective teamwork requires communication, collaboration, and mutual respect.

Responsibilities in teamwork include:

• Sharing relevant information with professionals to ensure joined-up support.
• Acting as a mediator if there are disagreements between the individual and professionals.
• Providing feedback about how services can improve to meet the individual’s needs.

Limits of Advocacy

While advocates provide valuable support, there are boundaries to the role. Advocates do not have the authority to make decisions for the person they represent. Their primary duty is to support and represent, not to impose their own views.

Advocates also cannot disregard legal requirements, organisational policies, or evidence that indicates risks to the person’s safety.

Final Thoughts

Advocates have a wide range of roles and responsibilities, from supporting decision-making to protecting rights and promoting independence. Their work is guided by the principles of empowerment, representation, and safeguarding. By understanding and fulfilling these responsibilities, advocates ensure the voices of vulnerable individuals are heard and respected. This helps create a fair and inclusive health and social care system.