Advocacy

 

Advocacy, what is it about? Advocates, what do they do?

If you look online there are many different definitions, all good but all slightly different.

What I mean when I discuss advocacy is giving those who need it or want it, a voice. That could be in writing, supporting verbally or even representing people to get their needs heard, supported and met.

It is needed because not everyone has the means, financially, or the capacity to understand the law, processes and procedures involved in trying to get your rights heard and met.

An example might be the understanding and to need summarise into a request to put forward in social care, under the Care Act. That Act is over 100 pages, split into 89 sections, on top of which, there are over 20 pieces of regulations. It is all summed up or explained via a statutory guidance (legal which must be followed), which is over 400 Pages (previously 600). If you add case law, local authority or Ombudsman complaints procedures, in my experience, even officers of Social Care often need reminding of the above.

I have been doing this for 14 years and the changes are non-stop. You are constantly required to keep up to date with the latest news and changes in legislation. An example of this is the statutory guidance of the Care Act which is substantially updated on a six-month rolling programme and new case law needs to be read and understood almost weekly to keep current.

I am lucky that I started working with legislation quite early in my career as a Local Authority Officer. I’m no Solicitor and though I’ve done courses and studied extensively over 30 years I have no relevant qualifications for some of it (for some types advice there is a requirement to be qualified under the Mental Health Act).

Advocacy providers need to be very careful in being upfront with what they are and are not available to offer. Some will just offer a friendly shoulder and others may be willing to go further. It concerns me that some of the better-known advocacy providers are dependent on funding from organisations for whom they have to act advocates for. I have often found this worrying as to how far will the advocate be willing to challenge the organisation if they are paying its salary. All advocacy should be funded centrally and not be reliant on those organisations who legally have to offer the service to pay for it.

Legal services are becoming harder and harder to reach. Cuts to free legal aid, local authorities and other funders make it impossible for many to offer a comprehensive service. Most of my clients are at the end of the line. They have tried others and there is a long wait, or the support is limited. As life gets harder for most people, a larger number of people need advocacy more than ever. There are talks to introduce advocacy services into the benefits system, which is great in theory, but in practice, where is the support and where will the money come from?

The problem arises when you have taken the client through the systems and the time taken, some cases i.e. the ombudsman, are taking a total of four years to receive an answer (and almost two years for some LA/NHS). After the time you have spent going through the systems amongst various departments, what happens next? If you do not have money for the legal system, and most people who rely on advocates do not, then you may be left with what feels like the matters unresolved or you have not been heard.

Advocates themselves who work in the role often give so much back, often work extended hours, and are paid a pittance. Their work is so undervalued considering they seem to be the last hope for many.