Advocacy and Independent Visitors

All children and young people living in our homes should be able to access advice from an independent Advocate. They should also be provided with information about how to obtain independent support from the Children's Commissioner.

Advocates can help to ensure that children and young people's views, wishes and feelings are heard and, as far as possible, taken into account when those responsible for their care planning and staff in their home are making decisions about their care.

The Advocate can also represent or assist a child or young person at a meeting (for example a Looked After Review), and help in making a complaint or bringing a matter to the attention of staff and managers or the Regulatory Authority.

An Advocate's role is to promote and help to facilitate the involvement of children and young people in decisions which affect their lives. There are key principles which govern the role:

• The Advocate should not be directive or judgmental but should help the child or young person to express their views;
• Children and young people should be offered full information to help inform the process of expressing their views;
• Children and young people should decide upon the best course of action, and an Advocate will support this decision, even if they there are better options: Advocates are entirely led by the views, wishes and feelings – and the decisions – of children and young people.

The Legal and Policy Context for Independent Advocacy

1. The Children Act 1989 establishes this right in law, stating that, before making any decision about a child whom the local authority is looking after or proposing to look after, the authority must, so far as reasonably practicable, ascertain, and give due consideration to, the wishes and feelings of the child {Sections 22(4) & (5)}.
   
   Please also see Statutory Guidance - Children Act 1989: Care Planning, Placement and Case Review;
2. Children's Homes (England) Regulations 2015 and the Fostering Services: National Minimum Standards 2011 include standards that emphasise the importance of children's knowledge about their right to independent advocacy and how to access an advocate.
   
   The Children's Homes Regulations (England) (2015), include Chapter 1, Regulation 7 (1) The children's views, wishes and feelings standard which ensures (2d) that an explanation is given to each child about: 'what advocacy support or services are available to the child, how the child may access that support or those services and any entitlement the child may have to independent advocacy provision'.

The care team must appoint an Independent Visitor for a child or young person in our care where it appears to them that it would be in the child or young person's interests to do so. This should be considered as part of the development of the Care Plan for the child and at each Looked After Review.

The child or young person must agree to the appointment of an Independent Visitor. Referrals for an Independent Visitor should be made to the independent Visitor Service / Coordinator within the council.

The Independent Visitor will visit, advise and befriend the child or young person, with the aim of establishing a trusting and positive relationship. The way in which they do this will vary according to the needs and wishes of each individual child or young person. Ideally, they should remain a constant in the child or young person's life, and be there if they move home or experience a change of social worker. The role of the Independent Visitor is to be child or young person focused and contribute to their general welfare and wellbeing. In particular, they should:

• Promote the child or young person's developmental, social, emotional, educational, religious and cultural needs;
• Encourage the child or young person to exercise their rights and to participate in decisions which will affect them;
• Support the Care Plan for the child or young person; and
• Aim, as far as possible, to complement the activities of staff.

Under the Care Planning, Placement and Case Review (England) Regulations 2010, the IRO has a responsibility to monitor a child or young person's care in between Looked After Reviews. They should be notified of significant changes / events in the child or young person's life.

For example, the IRO should be notified and consulted in the following situations:

• Before a child or young person moves outside of the area where they normally live;
• If there are safeguarding concerns in relation to the child or young person;
• If a child or young person runs away or goes missing from the home;
• If a child or young person, or their parent, complains about their care;
• If a child or young person is charged with an offence;
• If a child or young person is excluded from school;
• If the child or young person has any significant health concerns or medical events, including accidents.

Children and young people must be provided with information on how to contact their IRO if they have concerns about their care and / or placement.

Managers in the home should also consult the IRO if they are concerned about the child or young person's placement.