Advocacy, Independent Visitors and Children’s Rights Advocates

The registered person must ensure that young people have access to appropriate advocacy support, and where possible this should be provided by a person that the young person chooses.

All young people who are supported by the Service must have access to and be actively encouraged to involve an independent Advocate and, where appropriate, an Independent Visitor.

Young people who are children in care and care leavers are entitled to an independent Advocate to advise them and ensure they have the support needed to express their views, wishes and feelings about their care and lives, and if the young person wishes to make a complaint.

Although there is not a legal requirement for non-looked-after young people to have access to an independent Advocate, caring for these young people should involve ensuring that they can access advocacy support.

The Service should provide suitable facilities for young people to meet privately at any reasonable time with an Independent Visitor – see Contact with Parents/Carers, Siblings and Others Procedure.

There is a legal requirement for the Children’s Rights Advocate (CRA) of a looked-after young person to ensure that the young person understands that they have an entitlement to independent advocacy support arranged by the young person’s local authority (Chapter 3, IRO Handbook). Staff should complement any explanation given by the CRA by helping young people to understand the role of an independent Advocate and how they can access one. Staff should regularly remind young people of their right to access an independent Advocate, and support them to do so, concerning any matter relevant to the young person’s status as a child in care.

Young people must be informed of their right to contact their CRA. They should be told who their CRA is and how to make contact with them.

Young people should also be provided with information about how to obtain independent support from the Children's Commissioner.  Staff should signpost young people to advocacy support such as The Children's Commissioner's Help at Hand service. Further information about complaints and advocacy for children and young people can be found in the guidance Get it Sorted (2004) Guidance on Providing Effective Advocacy Services for Children and Young People Making a Complaint under the Children Act 1989.

There is a legal requirement for the local authority to appoint a Personal Adviser once a young person has ceased to be looked after to support with the young person’s transition to adulthood. The role of the Personal Adviser is to advocate for the young person as well as to provide the young person with advice and support; participate in the assessment, prepare and review the young person’s pathway plans; be kept informed about the young person’s progress and wellbeing. More information on the skills, roles and responsibilities of the Personal Adviser is set out in Children Act 1989: Planning Transition to Adulthood for Care Leavers. 

See also Preparation for Leaving Care.

Staff should ensure that young people subject to immigration controls, such as unaccompanied asylum-seeking young people with ongoing immigration concerns, have access to suitable support from appropriate persons with regard to immigration and citizenship advice.

Independent Advocates can support both the young person and the Service to seek redress of issues which affect them, such as lack of contact with their social worker, contact with family and leaving care grants, in addition to issues about their support within the Service.

Advocates can help to ensure that young person’s view are heard and, as far as possible, taken into account when the social worker and staff in the Service are making decisions about their support needs. The Advocate can also represent or assist a young person at a meeting (for example a Child In Care Review), and help in making a complaint or bringing a matter to the attention of staff and managers or the Regulatory Authority.

An Advocate's role is to promote young people's central involvement in decisions affecting their lives and follows these core principles:

• The advocate should not be directive or judgmental but should help the young person to express their views;
• Young people should be offered full information in expressing their views;
• Young people should decide upon the best course of action;
• The advocate should always remain fully supportive of the young person.

The local authority must appoint an Independent Visitor where it appears to them that it would be in the young person’s interests to do so. This should be considered as part of the development of the Care/Pathway Plan for the young person and at the Child In Care Review.

In particular, a local authority should assess whether it would be appropriate to appoint an Independent Visitor for the young person they are looking after.

The following factors should be taken into account by the local authority when considering if it would be appropriate to appoint an independent visitor:

• If the young person is placed at a distance from home.
• If the young person is experiencing difficulties in communication and building positive relationships.
• If the young person is likely to engage in behaviour which puts them at risk as a result of peer pressure or forming inappropriate relationships with older people.
• If it would make a contribution to promoting the young person's health and education.

The young person must agree to the appointment of an Independent Visitor. Referrals for an Independent Visitor should be made to the Independent Visitor Service/ Coordinator

The Independent Visitor will visit, advise and befriend the young person, with the aim of establishing a trusting and positive relationship. The way in which they do this will vary according to the needs and wishes of each young person. Ideally, they should remain a constant in the young person’s life, and be there when changes occur.

The role of the Independent Visitor should provide individual support. In particular they should:

• Promote the young person’s developmental, social, emotional, educational, religious and cultural needs;
• Encourage the young person to exercise their rights and to participate in decisions which will affect them;
• Support the Care/Pathway Plan. And
• Aim, as far as possible, to complement the support offered by staff.

The Independent Visitor may also contribute to Child In Care Reviews, either in writing or in person, if they have been invited or the young person requests their attendance.

If a Local Authority is looking after a young person, it must appoint an Children's Rights Advocate for that young person’s case.  In Cornwall this role is called a Childrens Rights Advocate (CRA).

Under the Care Planning, Placement and Case Review (England) Regulations 2010, the CRA has a responsibility to monitor the young person’s care and support needs in between Child In Care Reviews. They should be notified of significant changes/events in the young person’s life.

For example, the CRA should be notified and consulted in the following situations:

• Before a young person is placed outside the area where they normally live;
• If there are safeguarding concerns;
• If a young person runs away or goes missing;
• If a young person or their parent complains about their support;
• If a young person is charged with an offence;
• If a young person is excluded from an educational establishment;
• If the young person has any significant health concerns or medical events, including accidents.

Young people must be provided with information on how to contact their  CRA if they have concerns about their support and/or the property or Service.

The registered person should also consult the CRA if they are concerned about the young person’s Care/Pathway Plan.

If the CRA has concerns about the young person’s case e.g. that the Care/Pathway Plan is not being properly progressed, they have a duty to report this to CAFCASS.