Location & Contact
- Address
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PO Box 375
Hastings
TN34 9HU
United Kingdom - Phone
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0330 440 9000
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info@theadvocacypeople.org.uk
Contact Person
The Advocacy People
About
In Bath & North East Somerset, we provide the following services:
Independent Mental Health Advocacy
Being under section can be an uncertain time. It means that there are things you can and can’t do, you might have new treatments and other people have certain rights to make decisions about you.
An advocate can help you understand your rights and help you get answers to your questions. They can attend meetings with you and speak to people on your behalf.
Independent Mental Capacity Advocacy
We all assume a basic right to make decisions about where we live and how we are cared for. We make choices every day.
But due to disability, illness or injury we may not be able to make the important decisions and have to trust that other people will make good decisions for us.
Some decisions are so important that the law (Mental Capacity Act 2005) says the person making the decision must instruct an advocate.
Independent Care Act Advocacy
When decisions are being made about what kind of care and support we need, it is really important that we are put at the centre, as the expert in our own lives.
Some of us will feel confident to speak up for ourselves and often a family member or friend can help us make this happen.
But sometimes this isn’t possible – it might be difficult for us to be fully involved (called ‘substantial difficulty’) if we have no-one around us who can support us.
If this is the case, the local authority must then think about arranging an Independent Care Act Advocate.
Independent Social Care Complaints Advocacy
These are some of the things that you might want to complain about:
- the attitude or behaviour of staff
- a care plan, an assessment or review
- decisions that you do not agree with
If you decide to make a complaint, you should do so within 12 months of the incident you are complaining about. Or within 12 months of you realising how what happened has affected you.
In certain circumstances the local authority will sometimes look at complaints that are outside of these timescales, but they do not have to do so.
Rule 1.2 & Relevant Persons Representative
We all assume a basic right to make decisions about where we live and how we are cared for. We make choices every day.
But due to disability, illness or injury we may not be able to make the important decisions and have to trust that other people will make good decisions for us.
Some decisions are so important that the law (Mental Capacity Act 2005) says the person making the decision must instruct an advocate.
Taking away someone’s freedom to choose can be called a ‘deprivation of liberty’. The law says that to do this the hospital or care home must get permission and certain things have to happen before permission is given.
If there isn’t a family member or friend who is able to do this, a Paid Relevant Person’s Representative (PRPR/RPR) will be instructed by the local authority.
For people subject to similar restrictions but who live in the community, for example, in supported living, permission needs to be given by the Court of Protection. An IMCA might be instructed by the local authority to support a person in this situation.
Litigation Friend
When there is a Section 21A challenge to a Deprivation of Liberty Safeguarding Order, a litigation friend acts on behalf of the adult lacking mental capacity. They act in the person's best interests ensuring the person's views are represented. They must be fair, competent, and have no conflicting interests.