Policy and Legislation in Wales

In Wales, much of the policy agenda is linked to the binding ideals of advocacy.  Significant policy statements include the following:

“The dignity and self respect of individuals often depends on their ability to make everyday decisions and to feel that they are not only consulted but they are listened to before decisions are made for them”. 

(All Wales Mental Handicap Strategy, 1983)

The strategy focused on three main principles

• the right to an ordinary life within the community
• the right to be treated as an individual
• the right to additional help and support in developing their maximum potential

The emphasis upon inclusion and independence is identified further in the Welsh Assembly Government’s Better Wales issued in March 2000.  This provides a vision where everyone in Wales should:

• be involved and taking part in their community
• be treated fairly
• obtain the responsive flexible services that they need
• be able to learn and grow throughout their lives so that they can continue to develop skills.

In September 2003, the Welsh Assembly Government published Wales: A Better Country – The strategic agenda

The vision included:

• action on social justice that takes poverty and poor health and provides people and their communities with the means to help themselves and break out of the poverty trap
• supporting people to live healthy and independent lives
• promoting openness, partnership and participation.

In August 2004, the Welsh Assembly Government published Learning Disability Strategy – Section 7 guidance on service principles and responses

This outlines the expected priorities for local authorities in response to Fulfilling the Promises.  In relation to advocacy the strategy states:

“Authorities should ensure that access to an appropriate range of advocacy services is available to give a voice to individuals to ensure that their views are fully taken into account in the individual planning process ….. authorities will need to take into account that it may be necessary for an individual to make extensive use of advocacy services in order to assist their active participation in the individual assessment process and to ensure that their views on their life are properly represented, understood and taken into account ……………explanations of official decisions and policy can often best be made by an independent advocate”. 

(Learning Disability Strategy – Section 7)

The guidance also emphasises that the involvement of an advocate is especially important “where an individual has communication difficulties”.  The response to ensure this occurs is that “authorities should take appropriate steps to ensure the local availability of a range of advocacy to meet the needs and preferences of people with learning disabilities”.

Safeguarding Adults Wales

“In Safe Hands” (guidance from the National Assembly for Wales July 2000) 

The guidance sets out the following policy statements:

1.1 The National Assembly for Wales has agreed the following policy statements on the protection of vulnerable adults:-

• all vulnerable adult client groups are to be protected from abuse and supported in seeking treatment and redress in the event that they have been abused,
• action should be taken against those who deliberately abuse vulnerable adults and to support those who find themselves over stretched in their caring responsibilities
• Social Services Departments take the lead role in co-ordinating the development of local policy guidance for the protection of vulnerable adults at risk of abuse,
• agencies and organisations will work co-operatively on the identification, investigation, treatment and prevention of abuse of vulnerable adults.
• local policies will draw on other policy frameworks to ensure that a consistent response is given to the vulnerable adult(s) when concerns are raised whether these are reported under the rubric of complaints procedures, through inspection or registration activity, as a result of whistle-blowing or as a result of disclosure on the part of vulnerable adults or their carers.
• action will be co-ordinated against perpetrators to ensure that parallel processes are dovetailed including prosecution, disciplinary action and removal from, or notification to, professional registers and similar bodies
• a responsibility to share information on a "need to know" basis so that effective decisions can be made and appropriate preventative action taken.
• equality of opportunity will be available to all vulnerable adults regardless of their race, gender, sexuality, class, religion, culture or disability.

Local authority social services departments in Wales should play a co-ordinating role in developing the local policies and procedures for the protection of vulnerable adults from abuse. Social Services departments should note that this guidance is issued under Section 7 of the Local Authority Social Services Act 1970 which requires local authorities in their social service functions to act under the guidance of the National Assembly for Wales.  As such In Safe Hands does not have the full force of statute, but should be complied with unless local circumstances indicate exceptional reasons which justify a variation.