Understanding Your Rights to Advocacy Support

What Legal Rights Do You Have to an Advocate?

You may have a legal right to an advocate in specific circumstances, known as 'statutory advocacy'.

In England and Wales, there are three main types of statutory advocates :

Independent Mental Health Advocates (IMHAs): These advocates are trained to assist individuals under the Mental Health Act 1983. The regulations differ between England and Wales. Learn More About IMHAS
Independent Mental Capacity Advocates (IMCAs): Specialised in the Mental Capacity Act 2005, these advocates help those who can't make certain decisions themselves. Explore IMCA's
Social Care Advocates: These advocates operate under the Care Act 2014 in England and the Social Services and Wellbeing Act in Wales. Navigate Social Care Advocates

How Do IMHAs and IMCAs Differ?

IMHAs : Focus on supporting individuals undergoing assessment or treatment under the Mental Health Act 1983.

IMCAs : Assist those who lack the capacity for specific decision-making, as outlined in the Mental Capacity Act 2005.

While one person could be qualified for both roles, they serve distinct functionsz. For more in-depth information, visit our pages on the Mental Health Act 1983 and the Mental Capacity Act 2005.

If you're not legally entitled to an advocate, don't worry. There are numerous other avenues for advocacy support in the community. Explore our page on different types of advocacy for more info.

Frequently Asked Questions

Can children and young people access statutory advocacy services?

Yes, children and young people may also have the right to statutory advocacy services, especially if they are under the care of mental health services or need support with social care decisions. The eligibility criteria for young individuals are similar to adults, focusing on their needs and circumstances under relevant legislation.

What happens if I'm not eligible for statutory advocacy?

If you're not eligible for statutory advocacy, there are still many options available. Community advocacy, peer advocacy, and advocacy through charities or non-profit organizations can provide support. These services aim to ensure that everyone has access to advocacy, regardless of their legal entitlement.

How can I appeal if I'm denied access to a statutory advocate?

If you believe you're entitled to a statutory advocate but have been denied access, you can appeal the decision through the organization responsible for providing the advocacy service. It's also helpful to seek advice from legal professionals or charities specializing in mental health advocacy to understand your rights and next steps.

Are there advocacy services for specific groups, such as veterans or the elderly?

Yes, there are advocacy services tailored to the needs of specific groups, including veterans, the elderly, individuals with disabilities, and more. These services often address the unique challenges faced by these groups and provide specialized support to navigate healthcare, social care, and legal systems.

How do I know which type of statutory advocate I need?

The type of statutory advocate you need depends on your specific situation and legal rights under current legislation. For example, if you're under the Mental Health Act, an IMHA would be appropriate. If you're unable to make certain decisions due to capacity issues, an IMCA might be needed. Consulting with a healthcare professional or a legal advisor can help clarify which type of advocacy is right for you.

Can I have more than one type of advocate at the same time?

In certain circumstances, you might be eligible for more than one type of advocate simultaneously, especially if your situation spans different aspects of care and legal rights. Coordination between your advocates ensures comprehensive support across all areas of need.

What role do social care advocates play in care planning?

Social care advocates support individuals in understanding and making decisions about their care and support plans under the Care Act 2014 or the Social Services and Well-being Act. They ensure that the person's wishes and preferences are considered in the care planning process, especially for those who might have difficulty communicating their needs.

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What Legal Rights Do You Have to an Advocate?

How Do IMHAs and IMCAs Differ?