17th of April 2025
..Advocacy in Safeguarding
Advocates help to ensure that the persons voice is heard and their rights are respected during safeguarding processes, providing essential support when risks of harm arise. Advocates work in partnership with the people they support, 'standing shoulder to shoulder' with the person, promoting social inclusion, equality and social justice.
There are many different types of advocacy, both statutory and non-statutory but all follow the same key principles. You can read about these key principles in The Advocacy Charter and Advocacy code of practice.
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Advocacy in Safeguarding
There are two types of statutory advocacy within Safeguarding Adults; Independent Mental Capacity Advocacy (IMCA) which is defined by the Mental Capacity Act 2005, and secondly Care Act Advocacy as defined by the Care Act 2014. Both types of advocacy have a vital role in ensuring the person's feelings, wishes, values and beliefs are kept central to the Safeguarding Adults process. |
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While advocacy has a strong and positive impact, it is not without challenges. Some limitations include:
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Challenges Involving Others: In some safeguarding cases, family members or carers may disagree with the advocate's views, creating tension.
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Resistance from Professionals: Advocates may face resistance from organisations or professionals who feel their decisions are being questioned or criticised.
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Resource Constraints: Limited funding and availability of advocacy services can reduce access for individuals who need representation.
Independent Mental Capacity Advocacy (IMCA)
A local authority or NHS representative has a legal duty [Mental Capacity Act 2005] to instruct an IMCA when they identify someone as lacking the mental capacity to make a specific decision and there is no one independent of services, such as a family member or friend, who is “appropriate to consult.”
In relation to a safeguarding process, before making an instruction for an IMCA, it is necessary to assess the person as lacking capacity for at least one protective measure which is either being considered or has been put in place. Examples of protective measures may include:
- Restrictions on contact with certain people.
- Temporary or permanent moves.
- Increased support or supervision.
- An application to the Court of Protection.
- Restrictions on accessing specific services.
- The police interviewing the person or collecting forensic evidence.
When To Make an IMCA Referral?
Albert was admitted to hospital after a stroke which has left him in a semi-conscious state with no verbal communication and limited movement down his right side. Albert has multiple visitors who each inform nursing staff they will be looking after the person's affairs and give conflicting information about the person's financial arrangements and feelings regarding the other visitors. The nursing team have concerns regarding possible financial abuse and raised a safeguarding alert. Through the safeguarding enquiry, a protective measure of restricting Albert's contact with the visitors is proposed. Albert is assessed as lacking capacity to consent to the measure and an IMCA was instructed on Albert's behalf.
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The local authority has a legal duty [Care Act 2014] to appoint a Care Act advocate if a person is subject to a local authority process including a Safeguarding Enquiry/Review. The person must also have substantial difficulty engaging in the process and have nobody appropriate to support them.
The Care Act advocacy role is broader than the IMCA role and where the person is able to give instructions, the advocate will support the person to:
- Understand and engage in the process.
- Understand their rights and choices.
- Tell people what is important to them.
If the person is able to give instructions, the advocate will need consent from the person to attend any meetings on their behalf and this includes strategy meetings. This is because the advocacy relationship is built on trust and advocates should not be given information if the information is not being shared with the person.
When a Care Act advocate works as a non-instructed advocate, the advocate will work in a similar way to the IMCA by gathering the person's feelings, wishes, values and beliefs. However the Care Act advocate will support the person to engage in all aspects of the safeguarding process rather than just the protective measures.
When to Make a Care Act Advocacy Referral?
Connie, an inpatient recovering from a hip replacement operation with limited mobility, had been unsettled through the night, calling out regularly. The nursing staff were incredibly busy so did not attend to Connie when she continued to call. In the morning, Connie was found in her bed, heavily soiled, by a nurse who had just come on to shift. Connie informed the nurse she had been calling for help but was ignored. The nurse reported the incident as a safeguarding alert. Through the safeguarding enquiry, no protective measures were proposed so an IMCA was not instructed. The Safeguarding manager considered whether Connie needed independent support to have her feelings, wishes and values fed into the Safeguarding process and, because Connie has no family, decided to appoint a Care Act Advocate to support Connie to engage in the process.
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What is the eligibility criteria for Advocacy in relation to a Safeguarding Enquiry or Review?
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There are times in Safeguarding Adults when a person may be eligible for both IMCA and Care Act Advocacy. The Care Act 2014 Guidance states 'Where an independent advocate has already been arranged under section 67 Care Act Order or under the Mental Capacity Act, unless inappropriate, the same advocate should be used'. |
Independent Advocacy Providers in Cumbria
People First is an Independent Advocacy provider across the Cumberland area of Cumbria, covering Allerdale, Carlisle and Copeland. To access their advocacy services contact Tel: 03003 038 037 or click here to make a referral. For more information you can also visit their website here. |
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N-Compass is an Independent Advocacy provider across the Westmorland and Furness area of Cumbria, covering Barrow, Eden and South Lakeland. To access their advocacy services contact Tel: 0300 3030 209 or visit their website by clicking here.
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