Organisation name:

Policy Title: NON-INSTRUCTED ADVOCACY

1.0(Name of organisation) believes that everyone has the right to make life choices. Some people, particularly those with specific challenges around communication, may need the support of an advocate to do this Sometimes an individual can lack the capacity or capability to instruct and direct the advocate, and this lack of capacity or capability can mean that life choices are compromised.

2.0 Where a person is unable to instruct, non-instructed advocacy should be used to represent a person’s views, wishes and interests; to safeguard and secure their rights; and to ensure that their needs are highlighted.

3.0 Non-instructed advocacy should not be used to make decisions on a person’s behalf (but information gathered by the advocate regarding the person should be used to influence the best interests decision being made on the person’s behalf).

4.0 Non-instructed advocacy should be used as a final method of working with someone, when no reliable form of communication has been found in order to represent the important issues from that person’s point of view.

5.0 Non-instructed advocates will be aware that they do not have direct permission for their work from service users, and will often have taken a referral from a third party. They will always try to ensure, as a minimum, that the service user is content with their presence when they visit - this may be expressed verbally or by body language.

5.1Advocates in a statutory role (IMCAs and IMHAs) will have a statutory right to represent a person but should still approach the person with respect and seek consent.

6.0 Following the guidelines in the Mental Capacity Act 2005 the advocate will work creatively and resourcefully to enable any effective communication with the person they are advocating for, taking ‘all practicable and appropriate steps’ to enable that person to make a decision or express their views and wishes.

6.1The advocate should also take into account that decisions are ‘decision and time specific’ – a person may be able to instruct with regard to some issues but not with others.

6.2The person may also have fluctuating capacity and the advocate needs to consider visiting at different times of the day and visiting more than once to identify consistency of views and wishes.

7.0 Non-instructed advocates will seek to uphold the persons rights; ensure fair and equal treatment and access to services; and ensure that decisions are taken with due consideration for the individuals unique preferences and perspectives.

8.0 Non-instructed advocateswill retain comprehensive notes to show that they have kept the issue of consent under reviewand that where views are expressed how these were obtained.

9.0 It is important that advocates working in a non-instructed capacity are supervised and well supported by their manager, to ensure that they remain objective and independent, not making assumptions about the person they are advocating for or imposing their own views or preferences.

10.0 Managers supporting non-instructed advocates should encourage the advocate to reflect on their advocacy practiceand case work to consider whether they chose the right approach and whether they could have approached situations differently.

APPROACHES

1.0 The individual abilities of people who cannot formally instruct an advocate will vary greatly. The advocate should respond to this diverse range of need by providing a flexible approach, tailored to each individual recognising remaining strengths and abilities.

2.0 There are currently four recognised approaches to non-instructed advocacy which are detailed below. It is acknowledged that a holistic and integrated approach is likely to be most effective in delivering non-instructed advocacy.

3.0 It is important that advocates and advocacy managers are confident and competent in using all these approaches, separately or in combination and share their expertise and experiences with each other.

4.0 Advocates should inform service providers when they are acting in a non-instructed capacity.

1.0 PERSON CENTRED APPROACH

1.1 This approach requires a certain amount of time to get to know the individual and see life from their perspective. It is based on a long term, trusting and mutually respectful relationship between the individual and their advocate.

1.2 The advocate will spend time with the individual and will build a picture of their life history, lifestyle preferences and needs, wishes, views, values and beliefs by engaging with the individual and also observing them in their environment.

1.3 The advocate will seek to have some understanding of what life is like for the person.

1.3.1How they experience the world

1.3.2What is important to them

1.3.3What their wishes, hopes and dreams may be

1.4 The advocate will then be able to speak about the person’s perspective with confidence and represent their views and wishes, ensuring that those who make decisions and deliver services do so in a person centred way.

2.0RIGHTS BASED APPROACH

2.1 The role of the advocate in this approach is to ensure that the person who lacks capacity is seen to have the same rights as any citizen and user of services and that these rights are defended and upheld.

2.2 This includes civil rights, human rights, legal rights, entitlements and benefits, and also rights to ethical and professional good practice from those who have responsibilities and duties to the individual.

2.3 The advocate will need to consider whether the individual is being treated with fairness, respect, equality and dignity.

2.4Where the advocate takes the view that the individuals

fundamental rights are being violated, the advocate is

empowered to intervene on behalf of the individual in order to challenge such violations and to seek redress.

2.5 Where the advocate believes that an injustice being done to the individual may be illegal, they should seek appropriate legal representation for the individual.

3.0 WATCHING BRIEF (VALUES BASED) APPROACH

3.1 This approach has been developed by ASIST (Advocacy Services in Staffordshire)

3.2 The approach aims to help the advocate to establish a

baseline set of values which are representative of the needs that are fundamental to any persons quality of life.

3.3 In using this approach, the advocate will review any

proposal affecting the individual against the “eight domains to a quality life”. These have been defined as:

3.3.1Promoting independence

3.3.2 Community presence

3.3.3Meaningful relationships

3.3.4Self determination – making choices

3.3.5Individuality

3.3.6Having status and respect

3.3.7Community involvement

3.3.8Wellbeing

3.4 The advocate will test any proposal by asking relevant and intelligent questions of decision makers to ensure that the effect on the quality of life of the individual will be positive and in their best interests having taken into account any known aspects of the individual’s previous life history, preferences or wishes.

3.5 Where a non-instructed advocate is implementing the

Watching Brief approach, it is critical that the advocate does not express their own view or opinion, or the view or opinion of any third party, as to what an individual’s preferences may be.

4.0WITNESS-OBSERVER APPROACH

4.1 This approach involves observation or witnessing of the person to establish how they live their life.

4.2 The advocate may see or hear things which are

unacceptable or pose a threat to the individuals wellbeing, or conversely may pick up on the individuals preferences and pleasures.

4.3 This approach does not require the advocate to make

judgements or recommendations, but merely to report on the facts of their observations, to ensure that service providers and decision makers take into account all available information about the individual when they are planning services or making decisions.

5.0Effective non-instructed advocates will work in an integrated way, combining approaches to best represent the perspective of the person for whom they are advocating, and raise issues on their behalf in a credible wayensuring that the individual is kept at the centre of all discussions relating to their life and care.

Date this policy came into effect / Date approved by Governing Body
Next Review Date / As agreed by Governing Body
Name or position of person responsible for this policy
Other related policies / Capability
Case Management & Record Keeping
Confidentiality
Consent
Equality
Independence
Supervision & Support
Relevant legislation / Mental Capacity Act 2005
Relevant website /

PRACTICE NOTE

Issued to:
All Personnel / SUBJECT:
Non-Instructed
advocacy / No:
Issued by: / Date issued: / Date amended: / For Information to:
  • Advocates should make an assessment of any individual’s capacity and capability to instruct before using non-instructed advocacy. Non-instructed advocacy should be used as a final method of working with someone, when everything else has been attempted in order to obtain an empowered view.
  • The individual’s capacity and capability to instruct should be checked regularly throughout the advocacy relationship, and account should be taken of variable or fluctuating capacity.
  • Any advocate implementing non-instructed advocacy as a method of working with an individual should test any proposal made against the “8 domains to a quality life” (as developed by Chris Sterling from Choices Housing)
These are:
Competence
Community Presence
Continuity
Choice & Influence
Individuality
Status and Respect
Partnerships and Relationships
Well Being
The process should be reiterated until all parties are satisfied that the proposal has been thoroughly tested to identify its effect on the quality of life domains of the individual, and modified to ensure that the impact on that person’s life will be positive.
  • Advocacy organisations should be inclusive in their approach, deploying non instructed approaches as required by the people they serve.

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