Statutory Advocacy
Sheffield Advocacy Hub is the provider in Sheffield for statutory advocacy. If people are eligible, they have a legal right to these types of advocacy. Each type has different eligibility criteria. We can support with working out which type(s) of advocacy we can offer.
Care Act Advocacy
The Care Act 2014 means local authorities must provide extra independent advocacy for a wide range of people.
Councils must involve people in assessments about their care and support and in planning and checking their care and support.
The Care Act says that councils must think about if a person needs independent
advocacy to support them to be involved for things like:
When they are carrying out an assessment of an adult to see what care and support they might need (an adult’s needs assessment)
When they are carrying out an assessment to see if someone who provides care for someone else needs support (a carer’s assessment)
When they are carrying out an assessment of a child who is becoming an adult to see what care and support they might need (a child’s needs assessment)
When they are writing what is in an adult’s care plan or checking what is in it
When they are carrying out a safeguarding enquiry or a safeguarding adults review
When the council is involving the person with any of these things they must think
about whether the person would find it very difficult to:
Understand information about their care and support
Remember information
Use the information
Communicate their views or feelings
If the council think that a person would find it very difficult to do any of these things they must make sure that there is someone to support them.
They will look first at whether there is a family member or a friend who can help them take part. This person is called “an appropriate individual”.
If not, the council must arrange an independent advocate to support them.
Citizens Advice Sheffield Advocacy Service provide Care Act Advocacy in Sheffield.
Contact us or ask your social worker to find out more.
For more information on the Care Act see:
Care Act – Easy Read information
DoLS RPR
Sometimes people who have been assessed to lack the mental capacity to decide about their care and where they live are legally ‘deprived of their liberty’. This means the person is not free to leave where they are living, and are constantly supervised – for instance by a carer, support worker or a nurse.
In this situation, the local authority (know as the Supervisory Body) is legally required to provide an independent check to make sure that the person is only restricted enough to keep them safe and that this is in their best interests. These are known as the ‘Deprivation of Liberty Safeguards’ or DoLS.
DoLS are intended to safeguard the person’s human rights, particularly the right to liberty, but also the right to a private and family life and their rights in general.
If the Supervisory Body is carrying out an assessment for DoLS, they may involve an IMCA to get an independent opinion on the person’s wishes and feelings.
If the Supervisory Body does agree to authorise the deprivation of liberty, they must also appoint a representative for the person (known as the Relevant Person’s Representative). This can be a family member or friend, or sometimes can be an advocate acting as a paid representative.
The representative’s role is to visit regularly, make sure that the carers are acting in the person’s best interests, and if necessary ask the Supervisory Body to review their decision. The representative can also apply to the Court of Protection to ask the Court to review the deprivation of liberty on the person’s behalf.
Independent Mental Capacity Advocate (IMCA)
An IMCA is an independent advocate who must be appointed to support a person in certain situations.
This is usually when the person has been assessed as lacking the mental capacity to take particular kinds of decision, such as a long term move, or when serious medical treatment may be required.
It can also apply in Adult Safeguarding enquiries, care reviews, and when someone is being ‘deprived of their liberty’ for their own good (for example, a person in a care home where it would not be safe for them to be free to leave when they wish).
IMCAs find out as much as possible about what the person wants, and make sure that this is taken into account by the professional making the decision
IMCAs also ensure that the professionals involved are following the Mental Capacity Act 2005 correctly, to safeguard the person’s rights
IMCAs can access the person’s health and social care records to gather information about the person’s care and treatment to use to support the person
Independent Mental Health Advocacy (IMHA)
Advocacy has been available to support patients in many mental health services for many years, but from 1 April 2009 under provisions introduced by the Mental Health Act 2007, qualifying patients in England have a legal right to access to help from an Independent Mental Health Advocate (IMHA). IMHAs are an important safeguard that can help and support patients to understand and exercise their legal rights.
What is the role of the IMHA?
The IMHA can help you to obtain information and understand:
- Your rights under the Mental Health Act.
- The rights which other people (e.g. nearest relatives) have.
- Any medical treatment you are receiving or might be given.
- The reasons for that treatment or proposed treatment.
An IMHA can also help you with:
- Making a complaint.
- Accessing other support and services.
NHS Complaints Advocacy
Our advocates can provide information on the complaints process, and if necessary, support you to make your complaint.
Our support is free, confidential and independent of the NHS and we can support any adult living in Sheffield. We can also support to complain on another person’s behalf e.g. a relative. We will always seek to empower individuals to self advocate as much as possible so we have made a Self Help Information Pack to enable people to raise issues independently and understand the process.
Generic Advocacy
Sheffield Advocacy Hub also has funding for some non-statutory advocacy. This means that in some circumstances, we can support as an advocate despite there being no legal requirement for an advocate to be present. This is always with the consent of the individual.
d/Deaf Advocacy (BSL)
We have a BSL using advocate who can support Deaf adults living in Sheffield. Our service can support to understand and get accessible information, and work with a person to get their views across when they have a particular issue. If you are Deaf and would like support with an issue, please get in contact with us to see if we can offer advocacy.
Generic Health Advocacy
Our partner within Sheffield Advocacy Hub, Disability Sheffield, provides advocacy for people with a disability or health condition who needs support with a health or social care related issue.
People do not need to have a diagnosis of disability but the funding is only for adults who live in Sheffield.
Generic Health Advocates support people to get their voices heard, understand information relating to a health issue, and make their own informed decisions. Examples of issues include getting your views heard with your GP on a change of medication, or in getting a diagnosis, or going to the council to get Equipment and Adaptations for your home, or support to get your voice heard in care planning in a health funded package of care.
Generic Learning Disability Advocacy
Sheffield Advocacy Hub can support people with a diagnosed learning disability in issues relating to health and social care. This could be support through a care needs assessment, or support to access health care services or it could be supporting a parent through child protection proceedings as well as other issues.
Generic Mental Health Advocacy
This service is for adults (aged over 16 years) who either need to access mental health services in Sheffield, or who are already using those services. It aims to empower people to put forward their views about their needs and priorities for their own wellbeing.
This includes accessing mental health care through your GP, Community Mental Health Teams (CMHT), and other services such as IAPT (Counselling and Psychological Therapies eg CBT) and Day Services. We can support you accessing and using services provided by the NHS, Sheffield City Council, Voluntary Sector and private providers.
It is also available for patients in hospital who are not entitled to the IMHA service, that is those who have not been detained under the Mental Health Act, known as informal or voluntary patients.
Parental Advocacy
Our advocates can support parents with a disability or health condition who are going through child protection proceedings. This is a new part of our remit, and is wider than previously as it is for all parents with a disability or health condition. We can support you to understand information, get your voice heard, and make your own informed decisions in these processes.
Becton CAMHS Generic Health Advocacy
Our advocates can support children and young people to have their views listened to and taken into account by the professionals responsible for their care, ensure their rights are protected and support them to speak up for themselves.
We provide advocacy to the children & young people who are patients at Becton Hospital. The young people range in age from 8 – 17 years. We provide an IMHA service to those detained under the Mental Health Act and Generic advocacy for informal patients. We also provide separate advocacy for parents who have children at Becton.
Riverdale Generic Mental Health Advocacy
We provide advocacy to the Adult & Adolescent units at Riverdale Grange Eating disorder hospital. We provide an IMHA service to those who are detained under the MH Act and generic advocacy to patients who are informal.
Our advocates can support patients at Riverdale to understand their options, get their voice heard in their care and treatment and make their own informed decisions.
FAQs
Click on any question that you can see below and the answer should drop down. If you have other questions, please do get in contact with us!
Contact us
You can contact us to ask a question about our service, about advocacy, to get information or to put in a referral.
Make a referralReferrals
If you need an advocate for yourself, friends or family
Access points
At the moment, we can only only accept referrals by phone or email. We are developing access points which we hope will increase access to our services. This space will be updated when they are available.
