The Adoption and Children Act 2002

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.

New guidance in the form of The Advocacy Services and Representations Procedure (Children) (Amendment) Regulations 2004 sets out Local Authority duties in making arrangements for the provision of advocacy services for children and young people making or intending to make representations under sections of the Children Act 1989. It also covers representations which are not complaints, for example, children and young people should be able to secure the support of an advocate in putting forward representations for a change to be made in the services they receive, or the establishment they live in, without this having to be framed first as a specific complaint.

The guidance applies to looked after children, to children who are not looked after but are in need, and to young people leaving care.