Expectations in Advocasy

The Care Act has regulations on provision on advocacy. However, these relate to when an advocate should be provided (usually when someone has substantial difficulties). It doesnt say learning diffculites, just substantial. My argument has always been that everyone who needs one should have one. The Care Act is over one hundred pages with seventy nine sections, on top of which there are over twenty pieces of regulation and it is all summed up or explained via a statutory guidance (legal which must be followed) over four hundred pages (used to be six hundred). 

Most people will have substantial difficulties in understanding what their rights are. The statutory guidance also happens to mention information and guidance provision for the authorities over 350 times throughout the text. Our enquires in advocacy often show that most Social Workers or Managers struggle to fully comprehend their responsibilities under the legislation. 

One particular worry is the reliance on authorites who say that to have advocasy you must have learning difficulties. Check the legisaltion it doesn't say that, it says has substantial diffculties. Also again authorites need to be reminded that sometimes people wit disabilites need additional assistance and thus rely on asking for reasonable adjustments to be made under the Equality Act 2010. One of these adjustments could be a request for assistance with advocasy. Remember Equality Act has primacy over the Care Act. 

https://haloabletec.blogspot.com/2022/04/is-legal-training-adequate-in-health.html

Most advocacy services are supposed to be independent. However, they are usually commissioned by the local authorities where you live. In my mind, this will always spark the question of 'how independent they can be?’. I even worked for one for a while and was told by senior managers that I did too much. There was always a feeling of having to tip toe around the Care and Health services. Who's really going to bite the hand that feeds them.

Unfortunately, advocacy also means different things to different people. Services will often say they advocate, but what does that mean. People really need to check what the advocacy service is and what they actualy provide.

From experience some advocacy organisations mean that they will assist you and make sure your voice is heard. Their involvement may be limited in such cases. Others may be prepared to do more. When looking or asking for advocacy services, always check that they can do what you want from them. This may include attending meetings, speaking up, advising on legislation and guidance, and in some cases writing on your behalf. Or even if necessary taking your case/complaint through the departments complaints system.

I provide two types of advocacy. The first is what I call a gentle steer, advising you of your exact rights and what you can do next. This is the majority of what I do. I believe in empowering and educating people so they have the resources and tools to self-advocate. The other type is more in-depth. This will usually only occur where a person due to disabilities or other reasons cannot do it themselves, or it is of a serious nature. These cases take a lot of time. I have spent over 150 hours across two years for one of my cases. I do not give up.

On formal cases the first step is always letting people know what I can and cannot do for them. This is usually in writing and involves my capacity (due to my disabilities) and what the case will involve and what I may require from them. This is usually written permission to contact people and talk and obtain documents from them directly if necessary. 

One of the biggest issues for people is their problems don't go away at 5pm or on a Friday night to Monday morning and often they will  try to contact the advocate, please understand, even if we wanted to there's no one there to send or talk to to deal with issues, and even advocates need some me time.

My in-depth advocacy involves a full document review including medical research on conditions and how it effects a person. This is then followed by obtaining a short version of doctors notes, this will tell me your medication, recent appointments and any specific medical or disabilities issues that you may have. It is surprising, I have had many cases where the notes have shown specific conditions that the person may display, yet they were not aware of them. Next is getting hold of all assessments and reviews including a financial documentation review. To ensure that you are getting what you need. I also look at other benefit checks, for example if you have claimed correctly for PIP or ESA and other grants (the authorities are supposed to do this for you (statutroy guidance). Then we deal with the issues. As you can see it is quite an in-depth look and all of this is carried out with the persons permission of course. 

One of the biggest difficulties for advocates is getting to the exact story that they need. People need to understand, we know the difficulties you have had, we know how you have been treated (in most cases I have experienced similar things). In order to help you I need to get to the matter in hand. Again this will relate to specific policy, or legislation or practise issues. Everything else is not relevant, to the case. it is relevant to you, yes, and i'll obviously listen but i need to try and get to where i can help best. . The key for a good advocate is to be able to listen to your story and find the legislative policy and practise requirements that have not been met and focus on these. 

Regardless of the expertise, the most frustrating thing for the person and the advocate is the time it takes for anything to get done. For the person it may have taken months even years to get an advocate, and yet it does not make the system go any faster. 

What I try to explain is that the officer working on the other end has a vast work load. Often they have many similar cases that they are dealing with. This is not their fault, it is a resource issue. The best you can do is complain to your councillor about it. Often people can only see their issues as that is on their mind, expectations can be raised that things will and should happen quickly.

Whatever happens, an advocate should keep you informed and updated, if you have not spoken in a while, a quick text or call from them to say you have not forgotten them can go along way in reassuring you. 

For me, the starting point for checking whether your advocate has the knowledge is if he can tell you what needs are covered by the Care Act. This is the basic and fundamental knowledge required. The second is asking them what a personalised approach to care is. This ensuresthst they know and are reminded that the matter is about your choices, indpendance and the care you need.  Remember that the advocate should always have your best interest in mind and ensure that your needs and rights are being upheld.