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Working with independent advocates: good practice guide
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2015
- Pagination:
- 17
- Place of publication:
- Edinburgh
Guidance and case examples to help practitioners understand the role of independent advocacy and provide assistance when dealing with difficult situations. The independent advocate’s role empowers people to play an integral part in decisions about their care and treatment. The Mental Health (Care and Treatment) (Scotland) Act 2003 recognises the importance of independent advocacy in supporting people to ‘have their own voice heard in decisions made about their health and wellbeing’ and enshrines the right of access to independent advocacy for people with a ‘mental disorder’ in law. This document sets out: the right to advocacy; principles of legislation; named person; types of advocacy; role of the advocate; supporting people to access advocacy services; welcoming and supporting advocates; and consent, capacity and information sharing. Appendix 1 outlines the types of advocacy, which include individual advocacy, collective advocacy and carer advocacy. (Edited publisher abstract)
Developing collective advocacy for people who fall within the remit of the new Mental Health (Scotland) Bill: final report
- Authors:
- SCOTTISH HUMAN SERVICES TRUST, SCOTTISH DEVELOPMENT CENTRE FOR MENTAL HEALTH
- Publisher:
- Scottish Human Services Trust
- Publication year:
- 2003
- Pagination:
- 62p.
- Place of publication:
- Edinburgh
This report is the result of a research project commissioned by the Scottish Human Services Trust that studies collective advocacy for people who fall within the remit of the new Mental Health (Scotland) Bill. The purpose of the study was to map existing collective advocacy groups in Scotland for people with mental health problems, those with learning disabilities, people with dementia or acquired brain injury. Also, to describe the issues currently faced by collective advocacy groups and the likely challenges and opportunities presented by the proposed new legislation; and, to identify the steps that might be taken to enable collective advocacy groups to respond effectively to the new Mental Health (Scotland) Bill and other recent legislation. A framework was developed that enabled information to be gathered on the structure and function of collective advocacy groups. Information was collected on 54 groups across Scotland. The mapping exercise showed that a wide range of different types and sizes of groups undertake collective advocacy and that a wide range of collective advocacy work is undertaken. It also became clear that the term “collective advocacy” is not always used by groups offering a collective advocacy service. The report concludes that it is important to take into account the breadth of collective advocacy functions. Also, that the fragility and vulnerability of much collective advocacy activity and the variable amounts of information and knowledge about legislative developments held by collective advocacy groups suggests that there is need for a considerable building of capacity.
Service users' perspectives on housing and support
- Author:
- SWANSTON Kenny
- Journal article citation:
- Mental Health Review, 3(3), September 1998, pp.14-16.
- Publisher:
- Pier Professional
Describes the principles and features of housing and support which are valued by mental health service users in Fife, Scotland.
Advocacy in the UK
- Authors:
- SIM Allan J., MACKAY Rob
- Journal article citation:
- Practice: Social Work in Action, 9(2), 1997, pp.5-12.
- Publisher:
- Taylor and Francis
Considers advocacy in the United Kingdom and seeks to illuminate the position currently experienced by advocates and their clients through the use of data recovered from research in the North East of Scotland.
Accessing and maintaining legal representation for persons with mental disorder
- Author:
- STAVERT Jill
- Journal article citation:
- SCOLAG Journal, 393, July 2010, pp.143-147.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
It is vital that a person with mental disorder has equal access to the law without discrimination, whether or not they have capacity. This article examines issues relating to mental disordered persons and legal service provision. In particular it considers the extent to which legal service provision should be provided, overseen and enforced by the state, and the extent to which the legal professional regulates itself nationally in terms of provision and quality of services. As well, as access to legal representation, the adequacy of the representation is also considered. The article describes international law standards from the UN Convention on the Rights of Persons with Disabilities (CRPD) and the European Convention on Human Rights (ECHR). In terms of national professional standards in Scotland, it describes the guidance on non-discrimination from the Law Society of Scotland. The article concludes that international professional and human rights standards and guidance go some way to protect the interests of persons with mental illness and learning disabilities with relation to legal representation. However, these rights tend to focus on criminal cases and psychiatric detention where a person’s liberty is an issue, and are less clear when it comes to civil matters.
Patients' advocacy: the development of a service at the State Hospital Carstairs Scotland
- Authors:
- ATKINSON Jacqueline M., MacPHERSON Kirstine
- Journal article citation:
- Journal of Mental Health, 10(6), December 2001, pp.589-596.
- Publisher:
- Taylor and Francis
- Place of publication:
- London
This article describes the development of an advocacy service and explores the issues involved in advocacy in a maximum secure environment. Using a model of citizen advocacy the service was started in September 1997. Patient involvement throughout the hospital was high with approximately 88% of patients having some contact with the service by January 2000. Most of the issues raised by patients are similar to those in any mental health advocacy project. Entrapment is a particular issue for some patients. Safety and security issues influence every aspect of the service. This ranges from advocates having to do more for patients rather than enable them to do things for themselves (e.g. make telephone calls) to the principle of the patients' wishes being paramount being tempered by security demands.
Research on guardianship for mentally ill people: volume 2; findings and issues from a research project, and review of the previous research
- Author:
- COX Brian
- Publisher:
- Great Britain. Department of Health. Social Services Inspectorate
- Publication year:
- 1994
- Pagination:
- 134p.,bibliog.
- Place of publication:
- London
The independent review of learning disability and autism in the Mental Health Act: final report
- Authors:
- ROME Andrew, EVANS Catherine, WEBSTER Simon
- Publisher:
- Independent Review of the Mental Health Act Scotland
- Publication year:
- 2019
- Pagination:
- 176
- Place of publication:
- Edinburgh
The final report of an independent review into the Mental Health (Care and Treatment) (Scotland) Act 2003, which was commissioned by the Scottish Government. The review covered: the operation of the 2003 Act and whether it was serving people with autism and intellectual disability well; the increasing the role of psychologists in relation to the Act; the definition of mental disorder under the 2003 Act in relation to learning disabilities and autism; how the Act interacted with the criminal justice system, and the use of psychotropic medication. The review heard from a wide range of people and aimed to give equal value to the views and evidence of people with lived experience and professionals. The report recommends legal and practical changes which can reduce or remove the discrimination that autistic people and people with intellectual disability have experienced under the current Mental Health Act. These included for the Scottish parliament to introduce new legislation and to establish a new commissioner to safeguard the rights of people with autism or learning difficulties. (Edited publisher abstract)
The right to advocacy: a review of how local authorities and NHS Boards are discharging their responsibilities under the Mental Health (Care and Treatment) (Scotland) Act 2003
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2018
- Pagination:
- 53
- Place of publication:
- Glasgow
This report investigates access to independent advocacy services for people with mental health problems, learning disability, dementia and related conditions in Scotland. It is based on information received from health boards, local authorities, and from the new health and social care partnerships (HSCPs). The report also investigates whether the integrated children’s services plans of local authorities cover the provision of independent advocacy services for children and young people with mental illness, learning disability or related conditions. The results show that the planning and provision of advocacy services across Scotland is variable and lacks clarity. It found services for adults were often prioritised for those who were receiving compulsory care or treatment .There is a lack of clarity on which organisation is responsible for co-ordinating the preparation of strategic advocacy plans, and on how advocacy providers and people using advocacy services will be involved in planning. The report identifies significant gaps in service provision for children and young people, with some of the services not providing independent advocacy and very restricted eligibility criteria. (Edited publisher abstract)
Speaking to power: advocacy for health and social care
- Author:
- DONNISON David
- Publisher:
- Policy Press
- Publication year:
- 2009
- Pagination:
- 165p.
- Place of publication:
- Bristol
This book is for anyone working, or planning to work, as an advocate for people who need help dealing with public services. It is based on the experiences of advocates and uses case studies from Scotland. Examples of advocacy for both individuals and groups are described and discussed. There are chapters on what advocates do, how advocacy fits into the broader scheme of things and management, training and evaluation of the work. Contents include: origins of advocacy; Scotland gives a lead; what advocates do - their main clients; what advocates do - questions and dilemmas; setting up an advocacy project and running it; volunteers; making advocacy accountable; roadblocks; looking ahead.