Instructed advocacy
Instructed advocacy is when you tell an advocate what you would like them to say and do. The advocate's role is to put your point of view across clearly.
Non-instructed advocacy
When someone does not have the capacity to tell the advocate what they want them to do, for example if they have a brain injury, mental health issues or temporary unconsciousness, the advocate has to make sure the person’s best interests are represented.
Our advocates are trained to be aware that a person’s capacity might fluctuate and use recognised ways to work with someone who isn’t able to communicate what they want. They continuously look out for opportunities to use instructed advocacy.
Statutory advocacy
A person is legally entitled to an advocate because of their circumstances, for example they are being treated under the Mental Health Act or lack the mental capacity to make a particular decision. It also covers certain people who are in the care of the NHS or local authority, including prisoners.
Non-statutory advocacy
This type of advocacy is for vulnerable people who fall outside of the eligibility criteria for statutory provision.
Independent mental capacity advocate
This type of advocate is a safeguard for people who lack capacity to make some important decisions. The advocate supports and represents the person in the decision-making process to make sure the Mental Capacity Act is being followed.
An independent mental capacity advocate must be requested to support a person where:
- the person is aged 16 or over
- a decision needs to be made about either a long-term change in accommodation or serious medical treatment
- the person lacks capacity to make that decision
- there is no one other than paid independent services, such as a family member or friend, who is able to represent the person
An independent mental capacity advocate may also be provided to people for other decisions concerning care reviews or adult protection. In adult protection cases, an independent mental capacity advocate may be instructed even where family members or others are available to be consulted.
For more information visit the following websites:
Independent mental health advocate
When you are detained under the Mental Health Act, an independent mental health advocate can help you understand your rights.
Read more information about independent mental health advocates on the Mind website.
Care Act advocacy
Care Act advocates support people to understand their rights under the Care Act and to be fully involved in a local authority assessment, care review, care and support planning or safeguarding process.
Care Act advocates can be requested where:
- a social care needs assessment, carers assessment, care planning, care review or safeguarding investigation is taking place
- without support, the person will have substantial difficulty being involved
- there are no appropriate, able and willing family or friends to support the person’s active involvement
Self advocacy
Self advocacy is when you are able to speak up for yourself and tell people what is important to you, and make choices about what you want.