Access to Advocacy

The local authority is guided by the law in relation to when advocacy is required.

The table below sets out the types of advocacy that the local authority is responsible for securing and it shows the criteria for access to that advocacy support.

Law	Type of Advocacy	Who can access this service?	Who currently provides this service for the Local Authority?
Social Services and Wellbeing (Wales) Act 2014	Independent Professional Advocacy	For any Adult (18+) including carers eligible for Social Services assessment and/or support: Accessing information, advice and assistance. Assessment, care and support planning. Safeguarding. Decisions about where to live. Changes to information care and support arrangements. Step down arrangement from formal support to informal preventative arrangements. AND who experience a barrier in any or all of the following: Understanding relevant information. Retaining information. Using or weighing up information as part of the process of being involved. Communicating views, wishes and feelings. For children and young people (0-25 years old), NYAS Cymru will provide the following services across Swansea/Neath Port Talbot: Active Offer of Advocacy Children and young people age 5 plus who are: A child or young person entering the care system in Swansea/Neath Port Talbot A child or young person entering the Child Protection arena in Swansea, Neath/Port Talbot (initial conference to take place.) Issue Based Advocacy: Children and young people age 0 - 25 who have involvement with Swansea, Neath Port Talbot Children's Services Note: very young children aged 0-5 years, need to be dealt with on a case-by-case basis. The service is available for children and young people aged 0-25 years with additional learning needs who are, or are seeking to access education or training and: are making, intending to make, or considering making, an appeal to the Education Tribunal; or are taking part in, or intending to take part in, arrangements for the resolution of disagreements made Note: very young children aged 0-5 years, need to be dealt with on a case-by-case basis.	Adult Services Mental Health Matter (Wales) Welcome to Swansea IPA - MHM Wales Child and Family Services NYAS Cymru - Swansea, Neath, Port Talbot Advocacy Service The National Youth Advocacy Service \| NYAS
Mental Health Act 1983	Independent Mental Health Advocates Or 'Nearest Relative'	People detained under the Mental Health Act, or on a Community Treatment Order, or under Guardianship. Advocacy support covers: Accessing information Exercising rights Making complaints Accessing records	Advocacy Support Cymru IMHA Client M - AS Cymru
Mental Capacity Act 2005	Independent Mental Capacity Advocate	People 16 + who lack capacity to make decisions AND where the: NHS body is proposing to provide, withhold or stop serious medical treatment, or... NHS body is proposing to arrange a stay in hospital lasting longer than 28 days, or... NHS body or local authority is proposing to arrange accommodation (or a change of accommodation) in a care home for a period of longer than eight weeks.	Advocacy Support Cymru Independent Mental Capacity Advocate (IMCA) (ascymru.org) (opens new window)
Mental Capacity Act 2005	Paid Relevant Persons Representative	Where DoLS has been authorised and there is no one else to be the persons representative.	Mental Health Matters (Wales) Paid Relevant Persons Representative (PRPR) \| mhmwales.org.uk
Mental Capacity Act 2005	Litigation Friend	Where there is a dispute in the court and no one else is available to support the person represent their interests.	Mental Health Matters (Wales) Litigation Friend \| mhmwales.org.uk
Mental Capacity Act 2005	Rule 1.2 Representative	Representative for Court of Protection decisions in community order (DoLO) where there is no family member to do this.	Mental Health Matters (Wales) Welcome to Mental Health Matters Wales (MHM Wales)
Health and Social Care (quality and engagement) (Wales) Act 2020	Complaints Advocacy	Support for individuals who have made a complaint to health or social care services.	Citizen Voice Body (Llais) Llais Wales \| LLais

Close Choose Language

Last modified on 03 June 2024