Non-Instructed Advocacy

Photo: Mencap 2009

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Getting young voices heardVoice is a national charity committed to empowering children and young people in public care and campaigning for change to improve their lives.

Photos: Mencap 2009 and John Birdsall

Empower children and young people to speak out for improvements to the quality of their lives by providing information, advice and advocacy.

Promote children’s rights throughout all our work, including the full implementation of the UN Convention on the Rights of the Child.

Campaign for changes in law, policy and practice to improve the lives of children and young people in public care and those in need.

Support the active participation of children and young people in the development of the law, policy and practice and in the delivery of services.

Deliver high quality services directly to children and young people and indirectly through our independent services.

Ensure equality of opportunity and anti-discriminatory practice in the delivery of all our services and our employment procedures.

Provide a link for people and agencies that aspire to child-centred practice in their daily work.

Children and young people who are not able to communicate clear directions still have the right to be involved in the decisions that affect them and have their views taken into account when decisions are being made about their lives (Article 12 of the UN Convention on the Rights of the Child, Sections 17, 22 and 47 of the Children Act 1989).

Voice believes that every child and young person should have access to independent support and representation from an advocate who acts on behalf of the child alone. At the heart of the non-instructed model of advocacy is the commitment to providing a voice for the voiceless and to safeguarding the rights of the most vulnerable to ensure that they are not treated less favourably and are not unfairly disadvantaged.

The basic principles and tasks of instructed advocacy apply to non-instructed advocacy. The advocate uses a model that places the young person at the centre of everything they do. The advocate’s actions will be informed by their perceptions of the child’s/young person’s unique preferences and perspectives. This ensures that the advocate’s work is always focused on the child. A commitment to equality of opportunity and equal access to independent advocacy services is consistent with Voice’s ‘Diversity and Equalities Policy and Procedure’, in line with the National Standards for the Provision of Children’s Advocacy (2002), and meets the requirements of the Disability Discrimination Act 1995 and 2005.

Non-instructed advocacy

Non-instructed advocacy is taking affirmative action with or on behalf of a person who is unable to give clear direction of their views or wishes in a specific situation. The non-instructed advocate seeks to uphold the person’s rights; ensure fair and equal treatment and access to services; and make certain that decisions are taken with due consideration for their unique preferences and perspectives.(Henderson 2006)

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The lack of verbal communication, incoherence, lucidity or capacity does not in itself warrant non-instructed advocacy. In the first instance the advocate must seek to enable a child to express instructions which may mean establishing a meaningful mode of communication, or establishing the optimum time in the day when the child is able to communicate.

The advocate may consider utilising a non-instructed model of advocacy when any of the following apply:

The child or young person is unable to clearly and specifically • communicate their wishes, feelings, and instructions by reason of age, learning disability, communication disorder, mental ill health, or debilitating illness

The child or young person lacks the capacity to be able to understand • the issues

The child or young person lacks the capacity to understand the • consequences of action or inaction

The child or young person lacks the capacity to make informed decisions•

Criteria for Voice’s non-instructed advocacy

The Person Centred Approach The approach is based on developing a mutually respectful relationship between the advocate and the child over a period of time. The advocate spends time with the child observing the child’s responses, interacting with the child and learning to understand the meaning of their expressions.

Rights Based Approach By gathering information and raising questions in relation to decision makers, service providers and carers the advocate comes to understand the child’s position in relation to rights and entitlements.

The Watching Brief When decision makers and service providers make proposals, the advocate is able to raise questions to ensure that proposals are justifiable and positively meet the needs of the child. The Watching Brief is a specific tool that was developed for the use of advocacy services. It focuses on raising questions around 8 quality of life domains, including competence, choice and influence and well-being.

Witness-Observer Approach The role of the advocate is as an observer or witness. When the advocate observes something which is unacceptable or which poses a threat to the child’s well being, then the advocate takes appropriate action.

Referring a young person to Voice If the young person lacks the capacity to call Voice themselves then a referral can be made by a third party, such as a family member, social worker or any other professional that is involved with the young person. If the young person cannot give consent to receiving advocacy then the consent of the person(s) holding parental responsibility will be sought prior to commencing advocacy work.

For more information about non-instructed advocacy, please contact the Specialist Disability Advocate at Voice on 020 7520 3783.

Voice Helpline for young people: 0808 800 5792

Approaches by the advocate to non-instructed advocacyThe Voice advocate may use the following approaches when working with a child or young person requiring non-instructed advocacy

Voice also delivers training designed to develop participants’ understanding of non-instructed advocacy

Non-instructed advocacy with children and young people

Course objectives:

By the end of the course, participants will be able to:

Explain what gives advocates a mandate to represent children • and young people who may not have asked them to be there

Describe a range of approaches to non-instructed advocacy•

Discuss the boundaries of the non-instructed advocacy role•

Use a framework to plan, manage and reflect on NIA cases•

This course enables participants to develop an integrated, person-centred model of advocacy to use with children and young people who are not in a position to clearly and specifically communicate their wishes, feelings, and instructions, for whatever reason. You will explore the mandate for non-instructed advocacy and consider the ethics and professional boundaries necessary to work skillfully and safely. You will practice a step-by-step framework for using and evaluating a non-instructed approach.

The course is aimed at existing advocates who may find themselves advocating with children and young people who are not able to give clear directions.

All our training courses use a range of accelerated learning methods to ensure that the learning is long lasting, memorable and fun.

We recommend that anyone who will be working with disabled children and young people also undertakes our companion courses

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Advocacy with children and young people with disabilitiesThis course equips participants with the knowledge, skills and attitudes they need to advocate with disabled children and young people and follow best practice. It focuses on the experience and effects of disability and discriminatory attitudes; the rights, systems and decisions affecting disabled young people’s lives, the legal framework and the practice of advocacy. Exercises are hands on, creative and participative leaving the learner fully engaged in child-centred advocacy with disabled children and young people.

Communicating with children and young people with disabilitiesThis is focused on communication and allows the participants an opportunity to explore a range of alternative communication methods and fully understand the implications of using non verbal forms of interaction. Most importantly, participants will create unique and innovative ways of ascertaining the wishes and feelings of children and young people and develop clear and professional practice in expressing these to other professionals.

For details and booking information for these and all our courses please see our website www.voiceyp.org, email learning@voiceyp.org or phone 020 7520 3775

Voice, 320 City Road, London EC1V 2NZTel: 020 7833 5792 Fax: 020 7713 1950Email: info@voiceyp.org www.voiceyp.org Freephone for young people: 0808 800 5792Voice is the working name of Voice for the Child in Care. Registered Charity 1046207. Registered in Cardiff as a Limited Company Reg. No. 3050826