Legislation
Mental Capacity Act 2005
The Mental Capacity Act 2005 (MCA) provides a statutory framework for people who may not be able to make their own decisions. The Act creates a new role of Independent Mental Capacity Advocate (IMCA) whose purpose is to help vulnerable people who lack capacity and are facing important decisions made (on their behalf) by the NHS and Local Authorities. The Act introduced a duty on the NHS and local authorities in England and Wales to involve an Independent Mental Capacity Advocate (IMCA) in certain circumstances. This is to ensure that if a person lacks capacity to make decisions for him/her self, and has no suitable family or friends who can speak for them, they have the right to be represented by a person who is independent of the service providers (an IMCA). A person only has a right to an IMCA, however, in circumstances relating to serious medical treatment or when a move into accommodation arranged by the local authority or NHS body is being considered.
It is the responsibility of Local Authorities in England and Health Boards in Wales to commission an IMCA service from an organisation that is independent of statutory service provision. The IMCA service has been operating nationally since April 2007.
More information on The Mental Capacity Act 2005
Mental Health Act 2007
The Mental Health Act 2007 received Royal Assent on 19th July 2007 and the main provisions were implemented in October 2008. Section 130, relating to advocacy provision in England, comes into force in April 2009, for Wales in October 2008. The Act introduces a statutory framework for an Independent Mental Health Advocate (IMHA) to be made available to anyone who is being treated under the powers of the Mental Health Act. The Department of Health is committed to improving services for detained patients by ensuring that patients have access to high quality advocacy support.
More information on the Mental Health Act 2007
PALS and ICAS
The Independent Complaints Advocacy Service (ICAS)
PALS act on behalf of their service users when handling patient and family concerns. They liaise with staff, managers and, where appropriate, other relevant organisations, to negotiate speedy solutions and to help bring about changes to the way that health services are delivered. PALS will also refer patients and families to local or national-based support agencies (such as locally based independent advocacy organisations) as appropriate.
ICAS is the agency that supports individuals complaining about the National Health Service (NHS). All services provided by the NHS will come under the NHS complaints procedure and this would include GPs, hospitals, pharmacies, opticians, dentists. ICAS focuses on helping individuals who choose to pursue complaints about the NHS.
More information on PALS and ICAS
Disability Rights Commission Act
The Disability Rights Commission Act 1999 led to the establishment of the Disability Rights Commission (DRC) in April 2000. This Act sets out the DRC’s statutory duties.
More information on The Disability Rights Commision Act 1999
Equality Act 2010
The Equality Act 2010 brings together nine separate pieces of legislation into one single Act, simplifying the law and strengthening it in important ways to help tackle discrimination and inequality.
Guidance on matters to be taken into account on determining questions telating to the definitation of disability has been produced
More information on the Act can be found here
Human Rights Act
The Human Rights Act became law in Britain on 2nd October 2000 and its articles and protocols gave all people constitutional rights that were intended to prevent discrimination and unfair treatment, again echoing the ideals of advocacy:
More information on The Human Rights Act
Adoption and Children’s Act
The Adoption and Children Act 2002 amended the Children Act 1989 by inserting into it a new section 26A which imposes on local authorities the duty to make arrangements for the provision of advocacy services for care leavers making or intending to make representations under section 24D of the Act, and for children making or intending to make representations under section 26. When a child or young person articulates that a concern or problem is not being resolved and a complaint is likely to be made, local authorities should ensure that help and assistance are given if children or young people would like an advocate to speak for them.
More information on The Adoption and Children Act 2002
Advocacy Provision in Wales
Service Framework for the Future Provision of Advocacy Service for Children in Wales