Mental Capacity Act and Advocacy
The Act Introduced Statutory Advocacy. So,What Is Advocacy?
Oct 19, 2008
The act states:
- the appropriate national authority shall make reasonable arrangements to enable persons (independent mental health advocates) to help qualifying patients.
- the appropriate national authority may, by regulations, make provision as to the appointment of persons as independent mental health advocates.
- in making arrangements under this section, the appropriate national authority shall have regard to the principle that any help available to a patient under the arrangements should, so far as practicable, be provided by a person who is independent of any person who is professionally concerned with the patient's medical treatment.
What Is Advocacy?
Advocacy is taking action to help people:
- express their views and wishes
- secure their rights
- have their interests represented
- access information and services
- explore choices and options
Advocacy promotes equality, social justice and social inclusion. It can empower people to speak up for themselves. Advocates and advocacy schemes work in partnership with the people they support and take their side. They are independent and are not connected to the carers or services who are involved in supporting the person.
In some situations an advocate may need to represent another person's interests. This is called non-instructed advocacy and is used when a person is unable to communicate their views. "Non-instructed advocacy is taking affirmative action with or on behalf of a person who is unable to give a clear indication of their views or wishes in a specific situation." Action for Advocacy 2006
The Principles of Non-Instructed Advocacy
- The client does not instruct the advocate
- The advocate is independent and objective
- People who have difficulties in communication have a right to be represented in decisions that affect their lives
- The advocate promotes the principle: every person has a right to quality of life
There are a number of approaches an advocate uses when undertaking non-instructed advocacy.The 'Watching Brief' approach was devised by ASIST, an advocacy organisation and can be used when a person is unable to communicate a view and the advocate therefore, cannot find out what the person might want.
It sets out a process whereby the advocate can ask how particular aspects of a person's life will be enhanced or detracted by the proposed decision. There are eight quality of life domains that are used as a basis for the advocate to ask questions of whoever is proposing to make a decision. It protects and argues for ordinary life principles and works from the basis that every human being is entitled to have a quality of life.
The advocate does not offer an opinion or express a view on a particular course of action.
The advocate goes to meetings on the person's behalf and looks at any proposed decisions to make sure that: all opinions have been considered, no particular agendas are being pursued and the person's civil, human and welfare rights are being respected.
Independent Mental Capacity Advocates (IMCA)
In the past, many people who lacked the capacity to make decisions for themselves may not have been listened to. An evaluation of IMCA pilots was carried out by Cambridge University and found the main benefits for persons who lack capacity were:
- having an independent person to review significant decisions being made
- having an advocate who is articulate and knowledgeable not solely in the Act but also about a person's rights, health and social care systems and community care law
Advocacy promotes equality, social justice and social inclusion. It can help people become more aware of their own rights, to exercise those rights and be involved in and influence decisions that are being made about their future.
Sources:
Actionforadvocacy.org.uk
opsi.gov.uk
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