Independent advocacy

Also called Advocate, Advocacy, Non-instructed advocacy, Self-advocacy support

An advocate is someone whose only job is to help you say what you want and make sure it is heard. Not a social worker, not a carer, not a relative.

What it is

An independent advocate is a person, usually from a charity or an advocacy organisation commissioned by the council, who helps you understand your situation, work out what you want, say it, and be taken seriously. They work for you and nobody else. They are not employed by the service making the decision, which is what "independent" means.

Some advocacy is a legal right with a name: IMCA under the Mental Capacity Act, Care Act advocacy for assessments, IMHA under the Mental Health Act, and NHS complaints advocacy. Some is general, funded by a council or charity for anyone who needs it. All of it follows the same principle.

Who it can help

Anyone facing a decision, a meeting, an assessment or a complaint who finds it hard to be heard. People who use AAC or who need extra time to communicate are often exactly the people whose voice gets lost in a fast meeting of professionals, and an advocate slows the meeting to the person's pace.

Where a person cannot instruct the advocate, even with support, the advocate uses non-instructed advocacy: watching, listening, gathering everything known about the person's wishes, and asking the questions the person would have asked. It is not decision-making. An advocate never decides for you.

How it works

An advocate meets you first, on your own if you want, and learns how you communicate. They will read your communication passport and use your board or device with you. Before a meeting they help you work out what you want to say, and they may prepare it as cards, a Talking Mat or a written statement. In the meeting they make sure you get the floor, ask for wait time, and check the professionals have understood you. Afterwards they check the record says what you said.

They do not give their own opinion about what is best for you. If you want a family member's opinion you can ask for it, but it is not advocacy, and services are entitled to treat it differently.

Getting started

Ask your council's adult social care or children's services team what advocacy services it commissions and how to refer. Many accept self-referral by phone or web form, and a friend or carer can refer with your agreement. Say what the decision or meeting is and when it is, because statutory advocacy has to be in place before certain assessments start.

When the advocate first meets you, show them how you say yes and no, what your device does, and what to do when you need a break. Give them the passport. Tell them what you want the outcome to be, even if you are not sure it is possible; sorting out what is possible is part of their job.

Where to get help

Mencap and Age UK run or signpost advocacy in many areas. Mind explains mental health advocacy. SCIE has guidance on the statutory duties. For a young person with SEND, IPSEA is advice rather than advocacy, but it is free and legally expert.

In Scotland, the right to independent advocacy for anyone with a mental disorder is in section 259 of the Mental Health (Care and Treatment) (Scotland) Act 2003, and local advocacy organisations are listed by each health board.