Advocacy for Social Care: A Strategy to enable Vulnerable Adults to have a stronger voice and choice in services. 2008 – 2011 Community & Adult Care Directorate January 2008 Updated August 2008 Advocacy for Social Care: A Strategy to enable Vulnerable Adults to have a stronger voice and choice in services Contents Page Acronyms 3 1 Introduction 4 2. What is advocacy? 4 3. National Policy Context 4 4. Local Policy Context 7 5. Strategy Statement 9 6. Needs Assessment 9 7. How will we deliver our vision ? 11 8. Conclusion 13 Appendices 14 2 Advocacy for Social Care: A Strategy to enable Vulnerable Adults to have a stronger voice and choice in services. Acronyms CYPD – Children & Young Peoples Directorate C & ACD – Community and Adult Care Directorate CASSR – Councils with Adult Social Services Responsibilities. CATG – Citizens Advocacy Trust, Gloucestershire CSCI – Commission for Social Care Inspection CYPD – Children and Young People’s Directorate ERIC – Electronic record for integrated care GASS – Gloucestershire Advocacy Support Service GSUF – Gloucestershire Service Users’ forum IMCA – Independent Mental Capacity Advocate LINks – Local Involvement Networks NSF – National Service framework POPP – Partnerships for older people projects QuAd- Quality Advocacy standard VCS – Voluntary & Community Sector For more information on this Strategy please contact: Fiona Jones, Strategic Planning and Policy Manager, [email protected] Tel. 01452 425125 Janet Waters, Planning, Policy and Projects Officer mailto:[email protected] Tel 01452 42 6838 Brenda Yearwood, Voluntary Sector Resource Officer [email protected] Tel. 01452 42 6336 3 Advocacy for Social Care: A Strategy to enable Vulnerable Adults to have a stronger voice and choice in services. 1. Introduction The aim of this strategy is to set out how advocacy can contribute to delivering the Directorate’s vision of supporting vulnerable adults to have a stronger voice and choice in how their own and their community’s social care needs are met. The Community & Adult Care Directorate is committed to giving those who use its services more choice and control in their lives. To make it easier to read, when this document says “we” and “us” it is referring to the Community & Adult Care Directorate. We thank everyone who made comments on the draft Strategy. These comments have been used in the revision and production of this Strategy. A summary of the feedback is available on request. 2. What is advocacy? Advocacy is when a person helps another person to be heard. Action for Advocacy defines advocacy as: “ taking action to help people say what they want, secure their rights, represent their interests and obtain the services they need. Advocates and advocacy schemes work in partnership with the people they support and take their side. Advocacy promotes social inclusion, equality and social justice”1 There are different types of advocacy are described in Appendix 2. Advocates are normally instructed so that the issue and desired outcome is defined and stated by the person, or group of people, whose voices wish to be heard. However, the Mental Capacity Act has introduced the role of a noninstructed advocate called an Independent Mental Health Advocate (IMCA). Non instructed advocacy also has a place in this Strategy; this is when the issue and desired outcome is defined by the advocate on behalf of the person unable to voice their views independently. This Strategy also recognises the importance of advocacy being independent and so free from conflicts of interest that accompany staff within the Council.2 3. National Policy Context Since the draft of this Strategy was issued for consultation, there have been a number of significant policy statements that together place more importance on enabling vulnerable adults to have a stronger say and choice in services. 1 2 Action for Advocacy 2002, www.actionforadvocacy.org.uk See Appendix 3: Key Principles. 4 The Department of Health has set out its’ plans for transforming social care for adults and expects that by 2011 all Councils with Social Services Responsibilities (CSSR) should be delivering “personalised services which enable individuals or groups to develop solutions, which work for them”. 3 The Government has put much greater emphasis on both the responsibilities of Local Authorities to commission services for the whole community, whether people are funded by the Council or not and the importance of advocacy in delivering its personalisation agenda. 4 The Government has very recently set out the progress it expects these councils to make by 2011 and this includes expectations about advocacy. The Local Authority Circular for the new Social Care Reform Grant explains what this will mean. The Government recognises that advocacy plays an important part in assisting people to exercise the choice and control in their lives. The Department of Health expects, amongst other things, that everyone eligible for statutory support, should have a personal budget with more people having this budget as a direct payment and that there is a mechanism to listen to the views and experiences of users, carers and other stakeholders. This Strategy addresses the policy agenda under 3 themes: 3.1 Promoting independence and control Commissioning services Strengthening the citizen’s voice Promoting independence and control The Government’s personalisation agenda includes how people can take control of their own lives but also how they can shape the services they receive. ”5 The availability of independent advocacy is now seen as a key part of promoting people’s independence and well-being: “The direction is clear: to make personalisation, including a strategic shift towards early intervention and prevention, the cornerstone of public services…for some, exercising choice and control will require a significant level of assistance either through professionals or through independent advocates”. 6 Commission for Social Care Inspectorate’s Key Lines of Enquiry (KLOE) include statements about advocacy. For example, the KLOE for Local Authorities includes Advocacy in by 2 of the 7 outcomes, Increased Choice and Control and Freedom from Discrimination and Harassment. The CSCI expect that in good authorities advocacy services are available, timely, respectful and suitable to the needs of most individuals and that almost all people who use services and their Local Authority Circular announcing the Social Care Reform Grant “Transforming Social Care” (Gateway ref.9337) 4 The State of Social Care in England 2006-07, Commission for Social Care Inspection 5 Building on Progress: Public Services, HM Government Policy Review, Prime Minister’s Strategy Unit, 2007 6 See no. 3 3 5 carers report that advocacy services have been offered to them.7 CSCI also expect Care Homes and Domiciliary Care Services to support individuals to know their rights and that advocacy services are encouraged to promote these. 3.2 Commissioning services The Commissioning Framework for Health and Well-Being aims to put “people at the centre of commissioning” and recommends that Commissioners can do this through advocacy that can support both those who find it hard to express views about their individual circumstances, and also advocacy for groups to influence the commissioning of services. The Department of Health expects that by 2011 that there will be a framework in place to ensure that people can exercise choice and control with the support of advocacy if they choose. Between 2008 and 2011, the Department of Health will be making arrangements for all councils in the each region to be supported to ensure that there are sustainable advocacy and brokerage organisations that are accessible to people entitled to public support as well as those who fund themselves. Action for Advocacy encourages Commissioners to adopt their Advocacy Charter, Code of Practice for Advocates, Quality Standards for Advocacy Schemes and forthcoming Quality Mark for Advocacy Providers as a way of driving up the quality of independent advocacy provision. The Government is developing a national qualification for advocates that is anticipated to be available in 2009. The Government is also investing in a new learning disability advocacy development programme. The Mental Capacity Act grant made by the Department of Health will be part of the new Area Based Grant from 2008/09 and so not ringfenced. 3.3 7 The Government has recognised the important part that staff working in the social care sector have in giving people more choice and control. It has emphasised that staff, users and carers should work together to developing how this happens. Strengthening the citizen’s voice The Department of Health says that CSSRs must ensure that people are much more involved in the design, commissioning and evaluation of services and how their needs are met. The Local Government and Public Involvement in Health Act 2007 will help to implement the Government’s vision of strengthening the citizen’s voice. The Act introduces new requirements for consultation. It CSCI Key Lines of Assessment to Standards of Performance, March 2007 6 also introduces Local Involvement Networks as a way of giving a stronger voice to local people in the commissioning and provision of local health and care services. This will raise the profile of collective or group advocacy as the same issues of equality, communication and the need for empowerment among service users and carers will be important. 4. Action for Advocacy recommended, in their feedback to the Commissioning Framework, that a distinction is made between advocacy, self-advocacy and consultation. Self-advocacy groups agree what issues they want to consider themselves. However, we must not overlook the fact that we will want to engage, consult with and hear the views of these groups. Local Policy Context Our research revealed a general lack of knowledge about advocacy and local advocacy services. 4.1 Promoting independence and control As part of promoting independence and control, the Directorate has implemented the Mental Capacity Act and commissioned an Independent Mental Capacity Advocates Service. This has started to raise the profile of independent advocacy (recognising that it is noninstructed). The Directorate is currently implementing its Direct Payments Strategy which acknowledges the role of advocacy. The Learning Disabilities Joint Commissioning Strategy also includes advocacy and will be reviewed in the light of Valuing People Now. Currently, however it appears that the Directorate does not place a great deal of emphasis on the role advocates could play in enabling service users to express their views, although the introduction of the IMCA service is starting to change this. Some local commissioners and service providers lack a good understanding of independent advocacy, when it might help and how to access it. This is reflected in the Summary Report of 2006 –07 Annual Performance Assessment of Social Care Services for Adult Services in Gloucestershire only rated us as ‘adequate’ for ‘Increased choice’ and control. In addition to commenting on the service provided, CSCI also said: “Service users and carers however seem to have little awareness of what advocacy was or where” With the exception of the Mental Capacity Act, advocacy does not feature very much in staff training. 4.2 Commissioning services 7 The local context shows that there are opportunities to improve the awareness and provision of advocacy but that it is starting from a low base. The introduction of the Council’s new funding framework means that it will no longer grant fund the Voluntary & Community Sector but will ‘shop’, ‘invest” and ‘give’ instead. This will help the County Council develop a more business-like relationship with the Voluntary and Community Sector which will mean better value for money through clearer arrangements. We have prioritised advocacy as one the three specific areas in the first phase of this change. Organisations will be expected, to show that the service they intend to deliver is fully costed, sustainable, meets the needs of the service user and meets our criteria. The system of grant funding has meant that, in the past, voluntary and community groups have been funded rather than each specific service they provide – so most of the groups we grant fund also run other services with this funding. This makes it difficult to see how much money we are spending specifically on advocacy. Some of the groups who provide advocacy also provide advice and information and it is difficult to separate this out. Some groups employ paid advocates while others recruit volunteer advocates. Voluntary organisations have told the Directorate about the difficulties they have experienced as a result of short-term and reducing funding. This undermines the development of quality advocacy and compromises their ability to attract other funding. Groups providing advocacy also receive funding from many other sources. As well as using local advocacy groups some Care Providers also buy advocacy from out of county providers. The only comparative information available on funding levels is in relation to Learning Disabilities. The 2006 Record of Performance Assessment for Adult Social Care8 recommended that advocacy services for adults with a learning disability and those with mental health problems need significant improvement in Gloucestershire because: “the amount spent on advocacy services for adults with a learning disability is the joint lowest compared similar councils.” However, the Learning Disabilities Development Fund has allocated £25,000 to advocacy for people with learning disabilities in 2007/08. 4.3. Strengthening the citizen’s voice The County Council’s Consultation Strategy and our work on community engagement will inform how we will improve the way we consult with communities, user groups and stakeholders. The Directorate’s Service User and Carer Involvement Strategy, introduced in 2004, needs to be updated to 8 http://www.csci.org.uk/professional/default.aspx?page=7114&csci=881 8 take into account the national context. Appendix 5 describes the current situation in more detail. 5. Strategy Statement The Directorate is committed to enabling vulnerable people to exercise choice in how they meet their social care needs and to making advocacy services available to those who need help to do so. This strategy aims to enable vulnerable people to be able to have a stronger voice and choice in two important areas: firstly in decisions about their own well-being and social care needs and secondly how services are developed to meet the needs of the wider community. We will do this by: 1. Increasing awareness and understanding of advocacy and how it can help with making choices. 2. Increasing the availability of reliable, quality independent advocacy services for vulnerable adults with social care needs. 3. Improving individual outcomes by increasing the number of vulnerable people who are offered advocacy. 4. Implementing a performance management framework that means that it is clear how advocacy is contributing to achieving good outcomes for service users. 5. Developing ways for the Directorate to learn from the advocacy undertaken in Gloucestershire and elsewhere and so improve the services it commissions and provides as a result. 6. Needs Assessment We did not find any national models to help us estimate the implications of this vision. We have estimated the size of the gap between the current levels of investment and the possible need and demand for advocacy. There will be many people who do not need or want the support of an advocate. Current levels of investment The Directorate has one contract specifically for advocacy: the IMCA Service which is funded via the Department of Health Mental Capacity Act Grant. From 2008/09 this grant will be contained within the Area Based Grant. The Partnership Trust has a contract for advocacy for people subject to the Mental Health Act. In 2007-08, the Directorate awarded 13 grants to voluntary and community groups who included advocacy in their bid (i.e.not the DH carers grant or the DH MCA grant) representing a value of £83,500. This included £29,131, or 35% of the grant spend on advocacy, on the Gloucestershire Advocacy Support Service. 9 Current levels of service There is management information available from the IMCA service as the Department of Health is monitoring service levels closely. The POPP project is currently supporting a project to introduce advocacy into care homes for older people; this will inform our knowledge on the likely demand for advocacy services. Possible Need The population of Gloucestershire is projected to change and this is likely to increase the demand for advocacy. The population is expected to follow the national trends with an increase in older people and single person households. From a base of 439,416 adults in 2006 aged over 19, this is projected to increase by around 3% to an estimated 453,917 in 20019; this is an additional 14,501 people. However, to estimate the level of need for advocacy, we need to look within this overall picture. For example: Between 2006 and 2011 there is expected to be a 15% increase in people aged between 65 and 74 and 12% increase in those aged 85 and over. By 2011, there will be around 52,570 people aged 75 and over. National prevalence suggests that 2% of the population will have a learning disability; this translates to approximately 14,000 people in Gloucestershire of which 1,400 are known through social care services. Possible demand If service users going through the assessment process were to use advocacy at the same rate as users of the Adult Placement Service (20%), then in 2006/07, some 1,870 people may well have benefited from the services of an advocate if either they or their professional assessor had been aware of this service and that advocacy was available.10 The limited and anecdotal information that we have from advocacy providers and fieldwork services suggests that nowhere near this number of service users benefited from advocacy. During the course of the consultation period, concerns were expressed about how service users in permanent residential care might be enabled to have a voice in services. There were 2,727 Gloucestershire funded residents in permanent care at March 31st 2007 so potentially they could also benefit from the services of an independent advocate. Healthy Gloucestershire: Gloucestershire’s Health and Community Well-Being Strategy , Annexe A Gloucestershire Needs Analysis: A brief profile, Table 2.8,Annexe A 10 Between 1/4/06-31/3/07, the Directorate completed 9,343 assessments and based on the knowledge that in the Adult Placement Service, 20% of all their service users accepted advocacy as a service when it was offered we can assume that 1,869 people 9 10 7. How will we deliver our vision ? 7.1 Increasing awareness and understanding of advocacy and how it can help with making choices. The Directorate will do this by: a) updating its Advocacy Policy; b) improving information available to the public, service users and carers about independent advocacy, what it is, how it can help and how to get it; c) promoting advocacy services to its staff and expecting them to offer independent advocacy to service users and their carers whenever a person is seen to be or perceives themselves as vulnerable. d) reviewing the training for all care staff to ensure they are aware how independent advocacy can help e) ensuring that training about advocacy is available for staff working with people profound and multiple needs. f) updating its Service User and Carer Involvement Strategy and developing a coherent approach to group advocacy across the various service user groups. 7.2 Increasing the availability of reliable, quality independent advocacy services for vulnerable adults with social care needs. The Directorate will do this by: a) Recognising the important part advocacy has to play in the personalisation agenda; b) Extending grant funding to currently funded groups until March 2009 in order to give them time to work with the Directorate on understanding the likely demand and current supply of advocacy; c) Giving more stability by awarding a small number of development contracts for the provision of independent advocacy in 2008/09. These contracts will be: for two years, outcomes based and will adopt clear quality assurance standards. They will include funding for training and quality assurance. d) Developing a model that involves working with providers to understand more about the need and demand for advocacy and how it should be made available, so that the service can be expanded should additional investment become available. 11 e) Extending the current IMCA contract to ensure that there is no gap in service. The provision of the IMCA service will be a separate contract and not included in a single wider contract. f) Commissioners working with Care Providers on the Care Providers arrangements for providing independent advocacy so that this contributes to the availability of sustainable advocacy services. 7.3 Improving individual outcomes by increasing the number of vulnerable people who are offered advocacy. The Directorate will do this by: a) including advocacy in training courses so that staff can develop a confident approach to working with independent advocates. b) Commissioners working with service providers to ensure that independent advocacy is made available to service users. c) Building on the learning from the POPP experience to develop advocacy for people in care settings. d) Asking advocacy providers to demonstrate how their service is helping service users achieve the outcomes they want. e) Making independent advocacy available to all people using the social care complaints process and those subject to the safeguarding adults process. 7.4 Implementing a performance management framework that means that it is clear how advocacy is contributing to achieving good outcomes for service users. The Directorate will do this by: a) developing a performance management framework, indicators and targets for advocacy that will demonstrate whether advocacy is being offered so that it can monitor its progress towards meeting the CSCI standards. b) Involving service users and carers in the development of this performance management framework. c) Reviewing recording practice so that it is possible to demonstrate the independent advocates are being used, that service user’s outcomes are being met and that performance has improved. d) Benchmarking our progress by getting a better understanding of how other local authorities measure their performance and particularly the spend on advocacy for people with learning disabilities. 12 e) Review current contract monitoring arrangements in order to include reporting on provision of independent advocacy by care providers. 7.5 Developing ways for the Directorate to learn from the advocacy undertaken in Gloucestershire and elsewhere and so improve the services it commissions and provides as a result. The Directorate will do this by: a) Fostering a culture of service user participation by developing systems to learn from the experiences of those using advocacy services, independent advocates and social care staff in order to improve the quality of services that the Directorate both commissions and provides. b) Recognising that contracts provide the opportunity for learning and consultation and including funding to support this. c) Reviewing the training provided to support and enable people to participate in service development in the light of the contract for the LINk host. d) Agreeing how POPP fits with delivering the aims of this strategy for older people specifically. e) Developing a coherent approach to group advocacy across the various service user groups f) Working with Children and Young People’s Directorate on how best to provide advocacy for vulnerable adults who are parents and in particular parents with learning disabilities. 8. Conclusion This strategy seeks to promote the different types of advocacy to ensure that vulnerable adults have a voice in both their own lives and in the commissioning of services so that services are developed which better meet their needs. 13 Appendices Appendix 1 Action Plan 15 Appendix 2 Advocacy Models 16 Appendix 3 Statement of principles 17 Appendix 4 Summary of national policy context 18 Appendix 5 Summary of local context – performance in Gloucestershire 22 14 Appendix 1: Action Plan 2008 – 2011 Improvement Area Outcomes SUPPLY Actions Lead 15 Completion date Appendix 1: Action Plan 2008 – 2011 Improvement Area Outcomes SUPPLY 1. Quality, accredited Commissioning advocacy services are available Constructive relationship between GCC and VCS that delivers demonstrable improvements in outcomes Actions Lead Completion date Extend grant funding until March 2009. Brenda Yearwood March 2009 Work with the voluntary sector on the support they need to move from grants to contracts Brenda Yearwood/ Janet Waters September 2010 Award 2 year development contracts for Advocacy and put in place monitoring arrangements Brenda Yearwood April 2009 Brenda Yearwood/ Louise Flaherty April 2009 Brenda Yearwood/ In consultation with local advocacy services Louise Flaherty agree: Service mapping & needs assessment for future provision quality assurance standards training for advocates learning from advocacy provided performance management how existing voluntary BME service providers/advocates are included in delivering services diversity monitoring April 2009 Set up contract development steering group with grant funded services in order to procure a range of advocacy provision: group, peer and self advocacy Quality advocacy provision is available Advocacy services are relevant to cultural needs of all communities Tender for advocacy services informed by contract development group and outcomes of Louise Flaherty Brenda Yearwood/ development contracts 16 April 2011 Appendix 1: Action Plan 2008 – 2011 Improvement Area Outcomes SUPPLY Actions Improved arrangements Work with Joint Commissioner & Mental with 2gether for Health Act Programme Manager to agree commissioning of mental future commissioning. health advocacy Assess the impact of the Mental Health Act on the IMCA contract. IMCA service is Commission IMCA service from 1/4/09 available and no gap in provision Work with the POPP project on the exit strategy for the advocacy project Availability of quality advocacy for people in care settings and demonstrate use of the learning from the POPP project 17 Lead Completion date David Pugh April 2009 David Pugh March 2009 April 2009 Brenda Yearwood/ Janet Waters/Justine Rawlings Appendix 1: Action Plan 2008 – 2011 Improvement Area Outcomes SUPPLY 2. Finance Transparent use of resources 3. Joint Working DEMAND 4. Culture Change Actions Lead Completion date Identify all current funding arrangements for advocacy within the Directorate Fiona Jones/ Brenda Yearwood December 2008 Increase in advocacy services Apply for funding from the Transforming Social Care Grant Fiona Jones TBA Improved medium term planning Create a single budget for advocacy within C&ACD, (to include Carers Support, Mental Health Advocacy Services, (including joint PCT/GCC funded services), and any other arrangements identified in 2.1 Mark Branton TBA Security for providers to develop services Advocacy services for parents with learning disabilities involved with Children & Young Peoples Directorate Commit budget for 3 years Mark Branton TBA Work existing advocacy providers to estimate Brenda demand and then with CYPD to agree Yearwood/Janet eligibility criteria Waters September 2010 Service users, carers and staff understand the role that advocacy can play in giving people a stronger voice in how their needs are met. Review public information on advocacy and then update in line with new arrangements Janet Waters September 2008 April 2009 Care services promote advocacy to their service users and can demonstrate an increased uptake as a result Through the contracts, Advocacy providers promote advocacy to service users, carers and staff across the social care sector Promote advocacy and available services at commissioner/provider meetings Brenda Yearwood March 2011 18 Appendix 1: Action Plan 2008 – 2011 Improvement Area Outcomes SUPPLY Increased use of advocacy services Staff have confidence in advocacy providers and so refer or recommend advocacy to service users and carers 5. Policy & Planning Framework Staff are clear about when and how advocacy services should be used By offering advocacy at the earliest opportunity, service users will be supported to make choices about their care Actions Lead Completion date Improve advocacy input in relevant training courses, particularly to raise awareness with staff working with those with profound and multiple needs. Promote e-learning. Janet Waters/ Jeanette Fitzpatrick March 2011 Raise & maintain staff awareness by Policy Officers by promoting advocacy at team meetings twice a year. Janet Waters March 2011 Develop internal quality assurance process so staff contribute to evaluation of advocacy services Janet Waters/ Implementation Group March 2011 Advocacy is promoted through the Putting People First work programme Carey Wallin/ Fiona Jones TBA Develop coherent approach to group advocacy across service user groups Revise the Advocacy Policy in line with fieldwork redesign and by considering consultation feedback and strategy conclusions. Laura Jerram September 2009 Janet Waters December 2008 Revise Advocacy Policy in line with the outcomes of the work of the contract development steering group Janet Waters September 2010 Incorporate advocacy into the fieldwork redesign, e.g. self assessment and first point of contact buckets Dave Tradgett December 2008 19 Appendix 1: Action Plan 2008 – 2011 Improvement Area Outcomes SUPPLY GOVERNANCE 6. Project Management 7. Performance Management Actions Lead Completion date Ensure that all service users involved in Safeguarding Adults procedures are routinely offered advocacy to ensure that they are empowered. Review existing policies and training Janet Waters December 2009 Complainants are offered advocacy and are supported during the resolution of their complaint Revise the complaints process to ensure complainants are offered advocacy. Colin Davies March 2009 Learning from complaints is integrated into the internal quality assurance process Colin Davies Services improve as a result of customer experience Develop and implement a system for organisational learning from quality and consistency of advocacy provision Brenda Yearwood/Janet Waters March 2010 Local people have a say about local services available Update the Service User and Carer Involvement Strategy Laura Jerram June 2009 Project Management arrangements successfully implement the Strategy Establish a group to implement the strategy Janet Waters July 2008 Put in place and use a risk management plan and risk register Fiona Jones October 2008 The aims of the strategy are met Develop a performance management framework and relevant performance indicators that concentrate on outcomes. Brenda Yearwood/Janet Waters April 2009 20 Appendix 1: Action Plan 2008 – 2011 Improvement Area Outcomes SUPPLY Ensure that services are user led. Actions Lead Involve service users and carers in the development and use of the performance management framework. Brenda Yearwood/ Janet Waters/ Laura Jerram Undertake evaluation of the strategy. Fiona Jones March 2011 A baseline is established To put in place arrangements to ensure Jacky Smith from which it is possible information is recorded and available in order to measure to monitor progress. improvements March 2009 Benchmark against other LA’s. 21 Brenda Yearwood/ Janet Waters Completion date March 2009 Appendix 2: Advocacy Models Source: Action for Advocacy Professional/Paid Advocacy usually involves casework in specific areas and adopts a problem solving approach in relation to the outcome desired by the person they are supporting. The advocate may have developed specific knowledge of systems and services and support the person through them. Volunteer Advocacy usually involves volunteers working alongside paid advocates, holding a small caseload and offering support to individuals. Citizen Advocacy involves volunteers, recruited, supported and trained by a co-ordinator who matches them with an individual who is not in a good position to defend their rights as a citizen. The work is one to one, usually long term and partnerships can last for a lifetime. Peer Advocacy is when the advocate has something in common with the person they are advocating for, for example they may also be a user or ex-user of services. Group/Collective Advocacy often develops when individuals come together over a particular issue. It may need independent facilitation or resources. Self Advocacy – encompasses the ideal of individuals speaking up for themselves. All forms of advocacy would aim to promote selfadvocacy in their work and would view this as the ideal form of advocacy. 23 Appendix 3: Statement of Principles The Community & Adult Care Directorate proposes to underpin its commissioning decisions by using the Action for Advocacy Quality Standards. This is based on the Advocacy Charter and turns each principle into a standard and describes its rationale and what evidence is needed to demonstrate it. The standards have been developed to inform, raise awareness, be used with commissioners and support quality assurance. 10 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 10 Clarity of Purpose – the scheme will have clear aims and objectives and they will ensure that service users, service providers and funding bodies will have information on the scope and limitations of their scheme. Independence – the advocacy scheme will be structurally independent from statutory organisations and preferably all service provider organisations to minimise any conflict of interest. Putting people first – the advocacy scheme will ensure that they respect and prioritise the needs and wishes of the people they advocate for and share information with them. Empowerment – any advocacy scheme should support selfadvocacy and empowerment through its work, both by allowing service users to dictate the level and style of support they want and by contributing to the running and management of the scheme. Equal opportunity – Each advocacy scheme must have a written equal opportunities policy and active procedures to promote fairness and diversity. Schemes must have systems for the fair and equitable allocation of advocates’ time. Accessibility – advocacy must be provided free of charge to eligible people and its premises, policies and procedures must be open to the whole community. Accountability – All schemes must have in place systems for the effective evaluation and monitoring of its scheme. All users of the scheme will have a named advocate and a means of contacting them. Supporting advocates – the advocacy scheme will ensure that advocates are prepared, trained and supported in their role and provided with opportunities for professional development. Confidentiality – all advocacy schemes must have a written policy on confidentiality, which their workers adhere to. Complaints – All advocacy schemes must have a written complaints policy and ensure that people who use its services can access external independent support to make or pursue a complaint. Action for Advocacy http://actionforadvocacy.org.uk 24 Appendix 4 Summary of National Policy Context The Government vision is that everyone in society has a positive contribution to make and has a right to control their lives. Advocacy features strongly in many of the very recent national policy documents11. They all expect advocacy to help individuals to maintain their independence and choice by supporting them to have a voice. Also the desire for social inclusion, which features in many regeneration policies emphasises the need for community involvement. Transforming Social Care Putting People First Valuing People Now Local Government and Public Involvement In Health Act Mental Health Act “Hearts and minds: commissioning from the voluntary sector” Commissioning Framework for Health and Well-Being Making Experiences Count ‘Our health, Our care, Our say” Mental Capacity Act Direct Payments Safeguarding Vulnerable Groups Act 1.1 Transforming Social Care12 This Local Authority Circular sets out information to support the transformation of social care signalled in the Department of Health’s social care Green Paper, Independence, Well-being and Choice (2005) and reinforced in the White Paper, Our Health, Our Care, Our Say: a new direction for community services in 2006. It introduces the new ring-fenced Social Care Reform Grant that will help Councils to redesign and reshape their services over the next 3 years. 1.2 Putting People First13 This Concordat signalled the transformation of social care and was signed by six Government Departments, the Local Government Association, the Association of Directors of Adult Social Services, the NHS, representatives of independent sector providers, the Commission for Social Care Inspection and other partners. 1.3 Valuing People Now “Valuing People”, published in 2001,set out the Government’s vision for people with a learning disability across a range of services based on the four principles of rights, independence, choice and inclusion. Amongst other things, it recognised that independent advocacy services were inconsistently distributed across the country so it made money available to address this inconsistency. “Valuing People Now” seeks people’s views on the priorities 11 These documents are all available at www.dh.gov.uk LAC (DH) (2008) 1, Gateway reference 9337, 13 Putting People First: a shared vision and commitment to the transformation of Adult Social Care, HMG, http://www.dh.gov.uk/Publicationsandstatistics/PublicationsPolicyandGuidance/DH081118 12 25 for the learning disability agenda over the next three years. It has updated its proposals for advocacy in line with the choice and control agenda. 1.4 Local Government and Public Involvement In Health Act This will help to implement the Government’s vision of strengthening the citizen’s voice. In particular, the introduction of Local Involvement Networks in 2008 will provide a way of giving a stronger voice to local people in the commissioning and provision of local health and care services. This will raise the profile of groups who wish to contribute to service development and scrutiny. The need for empowerment among service users and carers will be important for their voices to be heard. 1.5 Mental Health Act This Act amends the Mental Health Act 1983 and introduces the concept of independent mental health advocates who will be available for all patients liable to be detained, including under guardianship and Community Treatment orders. They should ensure that information is given to patients about the Act they are subject to and its implications and what, if any, medical treatment is explained to the patient. 1.6 “Hearts and minds: commissioning from the voluntary sector” The Audit Commission has recommended that local public bodies should apply what they have called “intelligent commissioning” 14 practice by ensuring they have: i. ii. iii. a sound understanding of user needs which means they have thought about the kind of services that they want to procure for a range of service users a well-developed understanding and management of markets which includes good procurement practice which comprises: o the choice of funding approach (grant or contract) o the process prior to awarding the grant or contract o the basis for determining price o post award, the effective management of the working relationship. 1.7 The Commissioning Framework for Health and Well-Being15 This aims to put “people at the centre of commissioning” and recommends that Commissioners can do this through advocacy that can support both those who find it hard to express views about their individual circumstances, and also advocacy for groups to influence the commissioning of services. This document spells out what local authorities must seek to achieve by: “ giving people greater choice and control over services and treatments (including self care), and access to good information and advice to support these choices. Mechanisms will be developed to help the Audit Commission, July 2007, “Hearts and minds: commissioning from the voluntary sector” Public Services National Report, 15 Department of Health, 6/3/2007, Gateway ref 7361 14 26 public get involved in shaping these services, with advocacy to support groups who find it hard to express views” There is also recognition that Third sector organisations have a role to play in providing information about vulnerable groups and providing advocacy where appropriate. 1.8 Making Experiences Count: The proposed new arrangements for handling health and social care complaints16 The current Social Care Complaints Regulations require that If the complainant is a child, young person or vulnerable adult, the local Social Care Complaints service will offer support by referring them to the appropriate advocacy and support services. The Department of Health sees the provision of advice and advocacy to people making complaints as an essential principal, especially for vulnerable people. The DoH is exploring the possibility of either extending the availability of PALS and ICAS to local authority complainants or developing parallel services in social care. 1.9 ‘Our health, Our care, Our say’17 This government paper designated seven outcomes for local authorities to achieve: 1. 2. 3. 4. 5. 6. 7. Improved health and emotional well-being Improved quality of life Making a positive contribution Choice and control Freedom from discrimination Economic well-being Personal dignity 1.10 Mental Capacity Act The role of an Independent Mental Capacity Advocate (IMCA) was introduced for the first time in the Mental Capacity Act (2005) as a statutory duty for commissioners. It is envisaged that they will play a crucial role in helping to determine the preferences of someone who lacks capacity at specific points in their life when important decisions need to be made. IMCAs must be independent of the provision of care or treatment of the service user that they are dealing with. Their role is much more defined than that of most advocates so consequently their training has been organised nationally initially to ensure a consistent approach. 1.11 Direct Payments Since 2003 Local Authority’s have had a statutory duty to provide Direct Payments. They create more flexibility in the provision of social care by giving 16 Department of Health, 2007, Our health, our care, our say, 2006 http://www.dh.gov.uk/en/Policyandguidance/Organisationpolicy/Modernisation/Ourhealthourc areoursay/index.htm 17 27 money instead of services to people. This enables them to have increased choice and control over their lives by making decisions about how and when their care is delivered. As the drive for individualised budgets and Direct Payments increases, some authorities such as Norfolk have recognised the need for advocacy services to support the take up of these services by developing Direct payments Advocacy Norfolk who: Provide independent advice on these issues. Help service users to understand decisions Assist service users if they wish to make a complaint 1.12 Safeguarding Vulnerable Groups Act This bill introduces a new vetting and barring system, which enables even people privately employing staff to check to see if they have been barred from working with vulnerable groups. 28 Appendix 5 Summary of Local Context Performance within Gloucestershire This section considers the performance of the Directorate, care providers, advocacy providers and the Gloucestershire Advocacy Support Service (GASS). Community & Adult Care Directorate The overall impression is that the directorate does not place a great deal of emphasis on enabling service users to express their views with the assistance of advocates. With the exception of the new Mental Capacity Act, advocacy does not feature very much in staff training. We do not record or monitor consistently the use of advocacy Figures from the Adult Placement team who are required by CSCI to maintain a record of advocacy services offered to service users indicates that approximately 20% of all service users offered advocacy in the year 2006/7 accept this service. The new Complaints Regulations for social care have been introduced and staff training delivered. This training emphasises the importance of listening to users and working to resolve issues locally. The Complaints Service recognises that it has further work in relation to advocacy for complainants. Care Providers A survey of the top 10 residential homes with the most residents funded by Gloucestershire County Council painted a very similar picture to the one within the Directorate. It also shows there is a need for staff training about advocacy especially for people with profound and multiple needs, including those with significant communication needs. The POPP Project will be an increasingly important way of helping older people speak up. One of its partners, the Gloucestershire Older Persons Assembly, is currently piloting an advocacy service in some care homes. Advocacy Providers The new IMCA service is raising the awareness of advocacy. There is concern about whether the advocacy groups have time to work with people who need advocacy who are not eligible for an IMCA. Service users have been involved in developing a new contract for advocacy for people who are subject to the provisions of the Mental Health Act 1983 (MHA 1983). This has been awarded by the Partnership Trust. Other gaps in service provision identified by the providers are the lack of advocacy provision to older people in care homes and a parent carer link at the time of transition between CYPD and Adult Care. The grant monitoring arrangements between the Directorate and groups providing advocacy have not been effective in producing the information that is needed to measure performance. 29 Although the 2006 Advocacy Service Review said, “County Council staff and the providers greatly value its (GASS) advocacy accreditation scheme and its training and support functions.” When the national qualification is introduced in 2008 this training will not be needed . The Care Services Improvement Partnership is publicising the Action 4 Advocacy “Quality Standards for Advocacy Schemes” so QuAD is unlikely to be needed in the way that it works currently. The Partnership Trust has already adopted the Action 4 Advocacy standards in their contract for advocacy for people with acute mental health problems so there is now an issue of consistency by commissioners. Collective or group advocacy It is not the aim of this Strategy to replace the Service User and Involvement Strategy or our other work on engagement. However, it is interested in helping groups to have a stronger voice. We think that LINks will contribute to identifying needs related to group advocacy. A range of different training is being provided to help members of groups speak up but we do not know how good it is. There is more work for commissioners and providers to do to make it easier for people to have a say in how services are developed. The Gloucestershire Service User Forum (GSUF) and Carers Gloucestershire have been active in helping more service users and carers to have a voice in an increasing number. The Forum has provided training to its members to enable them to speak up with the Directorate. The Forum has acted as an access point for a range of public sector services wishing to access groups who are seldom heard. GSUF has used Valuing People funding to deliver “Speaking Up Together” training for the 18 representatives elected by the district Locality Groups that feed into the Learning Disabilities Partnership Board. This training will help the representatives to speak up for others in Partnership Board meetings and other similar forums. The new Participation of Older People Project (POPP) project is creating an increased role for older people in decision making. Potentially there is scope here for group advocacy. The current project working with GOPA on advocacy in care homes is not due to report until 2009. 1.13 Relationship to Children & Young People’s Services Advocacy providers, funded by C&ACD, have told us that they are providing advocacy for adults who need help with their involvement with the Children & Young People’s Directorate (CYPD) – for example parents with learning disabilities who are subject to child protection procedures and parent carers with children who are in transition from children’s to adults services. CYPD currently provides advocacy only for looked after children but is reviewing the need to extend this provision. It is worth noting that Rotherham advocacy has allocated a worker who exclusively works with school leavers and works with them in developing person centred plans at the time of transition into adult services. 30
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