Rights. This blog provides a quick summary of two health/ public health advocacy campaigns in Scotland, both launched at Scottish Parliament during 2017. Getting it right for every child (GIRFEC) is the national approach to improving the wellbeing of children and young people. Every pound that you donate or fundraise allows us to do more work with more young people. Statutory guidance on providing effective advocacy services for children and young people making a complaint under the children Act 1989. It is an international agreement consisting of 42 articles detailing the human rights of children. Project Lead - Child and Family Support and Advocacy. The need for high quality advocacy for children and young people is being increasingly recognised across Scotland. In particular, the hearing must decide if compulsory measures of supervision are needed for the child. If this does happen, advocates must consider whether the child is at risk. We work with people using health and social work services. Access independent advocacy for children and young people. What child advocates do. Advocates may need specialist training to enable them to work with children with particular needs (for example, children with autism, a learning disability or a mental health need). Confidential information should not normally be shared, except in limited circumstances where: It follows that, as a general rule, advocates should not share any information given by a child without their knowledge and consent. The hearing must seek, listen to and take account of the views of children, young people and other specified 'relevant persons', as defined in the Children's Hearings (Scotland) Act 2011. Taking account of the child's maturity, the child must: Regard must be had to any view expressed by the child. Signature. To do so would result in a conflict of interest. If a child has the necessary capacity, the duty is owed to the child. Advocacy is an equal partnership between young people and their Who Cares? The 'data controller' or person holding the record should reply to the child in that case. IAPK provides confidential and free independent advocacy. More information on the Children's Hearings System: The need for high quality advocacy for children and young people is being increasingly recognised across Scotland. These are designed to improve your experience of using a website and also help us to understand how many visitors we receive, and how they are using our site. A worker can help a young person speak to their Social Worker and Children’s Panel Member – or their carers and teachers. A Child Advocate cannot represent the child in court proceedings although they may be called upon to give evidence at certain stages. The rights of all individuals up to the age of 18 are set out in the United Nations Convention on the Rights of the Child (UNCRC). Child Advocacy Jobs in the United Kingdom All New Filter 170 jobs Create alert All New Solicitor (Child Care & Advocacy Legal Team) Save. If they are not living with their children they have both the responsibility and the right to stay in touch with and be involved with the lives of their children unless otherwise directed by legal authorities in certain circumstances. They also provide support for children under 16 years who are subject to compulsory measures under the Mental Health (Care & Treatment) (Scotland) Act 2003. Advocacy workers do not make choices for children – instead, they support children and young people to make their own choices. Advocacy is an important part of Public Health work. 21. Advocacy support. Also, in the Edinburgh office we have Volunteer Advocacy Workers that work with our service. (section 27). The advocate would help them understand their rights, work out their options, express their views and make decisions. Pictured: Radical change is needed so that children in care can ‘live their life as any other child would’. The UNCRC reflects the fact that children require additional rights due to their age and circumstances. People with physical disability with a shared goal. Who Cares? News; FAQ; Contact us; Search for: About us; Our Publications; Our Work; Membership; Find an Advocate; Opening Doors Our latest film . Please see our contact page for more information on making a referral. These are small files which a website sends to your device, to make a website remember you when you visit. The Quality Assurance approach incorporates three functions: Defining, Measuring and Improving Quality. 01224 332314. With thanks to Scottish Local Authorities, funding partners and donors who make our work possible. We strive to provide advocacy that helps young people feel respected, included, listened to and understood. Children and young people’s advocacy . There are however some exceptions. (sections 1 and 15), The court (and adoption agency if applicable) must have regard to the child's views. The statutory body must 'give effect' to the child or family's choice. See how we can help you . Being in care can be a difficult environment for a child or young person to cope with. An education authority must have due regard to the views (if there is a wish to express them) of the child in decisions that significantly affect that child, taking account of the child's age and maturity. Advocacy Service Aberdeen is an independent advocacy service for people who live in Aberdeen. Our services in Scotland. 6. If your needs don’t match the criteria here, you can find information on other independent advocacy providers at the Scottish Independent Advocacy Alliance website . Duty to consider child’s best interests when allowing access to information. (sections 4 and 84), How can views be expressed? Article 12 of the UNCRC makes very clear that every child has the right to say what they think in all matters affecting them, and to have their views taken seriously. Individuals have a right to give feedback, comments, concerns and complaints about the healthcare they have received. The worker develops a trusting relationship with the young person, and helps them to have their say and understand what they want to say. Failure to obey order. A 16th-century advocate. We provide services across Scotland to help give children and young people the support they need to thrive. When decisions are being made that will affect children, parents should seek the child's views on these changes and ensure that they are involved in decision making processes, effectively acting as their child's advocate. We work with children, families and professionals. There may be issues that a child raises with their advocate which they say they do not wish to be shared more widely. Teachers, social workers, youth workers and professional advocates can also provide this support for children and young people. (section 259), Scottish Ministers must provide a free advocacy service to conduct discussions with or make representations to the Additional Support Needs Tribunal or any other person involved in the proceedings on behalf of a child's parent, or a young person. In 2021, we would like advocacy to be offered to all children and young people living off-island and to all children in care. 20. How can views be expressed? We work one on one with a young person to help them have a say in what is happening to them. Children of 12 and over are presumed to be sufficiently old and mature to have a general understanding of what it means to exercise that right, therefore they have the required capacity. (section 2), Every person with a mental disorder has a right of access to independent advocacy. The aim of child advocacy is to encourage empowerment of children and uphold their human rights. out more about cookies, Coronavirus (COVID-19): what you need to know. Disabled young people can struggle to develop friendships and wider social networks independent of parents and paid carers (though parents frequently strive to facilitate this process), so it is particularly important that advocacy identifies and faithfully articulates their views. In considering whether a child under 16 has capacity to instruct advocacy, it will be relevant to consider whether instructing advocacy would be something a child of that particular age and circumstances would commonly be expected to do. Advocacy is about supporting a child to express their own needs and views and to make informed decisions on matters which influence their lives. It may be particularly important that their views are distinguished from those of parents and carers, who may have taken most decisions on behalf of the child in the past. © Who Cares? Genuinely listening to young people and including their voice in decision-making should help achieve this. 7. Advocates should be mindful that parents themselves may have a need for advocacy support in order to express their wishes in relation to decisions affecting their children. (section 26), The authority preparing a child's plan is so far as reasonably practicable to ascertain and have regard to the views of the child, taking account of the child's age and maturity. It is important that a child fully trusts the individual who is advocating on their behalf. The child must always have a choice in the matter and must be supported to understand who is best placed to support them, whether that be a friend, parent, teacher, youth worker or professional advocate. “Our website uses ‘cookies’ to track visits on our site. I attend Tribunals also and the representation and role provided … People do not have to have a medical diagnosis to access independent advocacy. To find out about accessing advocacy for a young person, or if you are a young person who wants to speak to an advocate in your area, click here to find out who is available in your area. The existence of a duty of confidentiality, however, does not depend on a child's capacity. Please call us to find out) A confidential, non- judgmental and trustworthy support. It is important to recognise when such conflicts arise and for separate representation to be found for the child and the parent(s). Our advocacy is not like a mentoring or befriending service. Project Lead - Child and Family Support and Advocacy Children 1st Edinburgh, Scotland, United Kingdom 1 month ago Be among the first 25 applicants Child advocacy refers to a range of individuals, professionals and advocacy organizations who speak out on the best interests of children. Ensure advocacy in the Children’s Hearings System is of consistent quality across Scotland. (sections 8 and 11), When considering whether to provide information concerning the child's wellbeing to or by the Named Person, the information holder should ascertain and have regard to the views of the child or young person, taking account of the child's age and maturity. Content of training. We strive to provide advocacy that helps young people feel respected, included, listened to and understood. Ultimately, having considered the available information and views, the hearing must make its decision in the best interests of the child or young person. We have a service centre in Glasgow. Advocates can provide children and young people with the knowledge, confidence and support that they need to influence the decisions which affect their lives. Our partners at Clan Childlaw have helpfully put together a list of domestic laws which promote and protect a child's right to be heard: A parent must have regard to the views of the child concerned. We are a free and confidential service. Information given by a child or young person to an advocate would normally be considered confidential. In order for that trust to be developed it is crucial that the child or young person understands what the advocate's job is and agrees to an individual acting as their advocate. At the SWRC we recognise that abuse and violence can affect every aspect of a woman’s life. Children attending Hearings may require the support of an advocate to help them to understand the process and to express their views. 3. There is no presumption of maturity at age 12, a child under 16 has capacity to instruct a solicitor in a civil matter, where the child has 'a general understanding of what it means to do so'. A decision which supports the realisation of a five-year-old child's rights may not have the same positive impact on a 15-year-old. Only 3% of total statutory funding for advocacy in 2003/4 is spent on children and young people. Calling on the Scottish Parliament to urge the Scottish Government to ensure that non-statutory child advocacy services are properly regulated to ensure competence, transparency and accountability. If you prefer not to allow this, you can adjust your browser settings. By supporting our work, you are helping make Scotland a better place for care experienced people. Where an advocate is concerned that a child is at immediate risk of significant harm, they should follow the advice set out in the National Guidance for Child Protection in Scotland. Anyone can act as an advocate for a child or young person. We’re independent to any care services a young person receives – this is crucial because we want young … Parents have the responsibility to look after their children, ensuring that they are given healthcare when required, and encouraging their growth, development and welfare. Scotland is a registered charity SC 026076. Who Cares? Advocacy in Fife provides support to people aged 16 or over and living in Fife with: mental health issues, learning disability, personality disorder, physical impairment acquired brain injury, dementia, autism and chronic illness. Ahead of the final vote on the Social Security (Scotland) Bill, the Scottish Government has put forward an amendment that would see services provided to anyone who, because of a disability, needs additional support to engage fully with the Scottish social security system. Advocates do not make choices for children – instead, they support children and young people to make their own choices. People covered by the Mental Health (Care and Treatment) (Scotland) Act (including people who have a mental health issue, a learning disability, autism or dementia) have a legal right to independent advocacy. One-to-one advocacy and collective advocacy for children and young people who: – are care experienced up to the age of 26 – involved in Child Protection proceedings – up to 19 years old with additional support needs – up to 19 years old and subject to intervention under the Mental Health (Care and Treatment) (Scotland) Act 2003 Childhood matters. In turn, we do everything we can to make sure their voice is heard. Who Cares? If a child is deemed to have capacity, it is for them to make a request for access to records (or to consent to a parental request). A child is presumed to be of sufficient age and maturity at age 12 and any views expressed by the child should be given greater weight than the views of their parent. Arrangements for the provision of children’s advocacy services. 4. Please note that this guidance is currently being refreshed so some of the information may not be up to date. The Act aims to improve patients' experiences of using health services and to support people to become more involved in their health and healthcare. Advocates might find the following practical advice helpful when supporting children: An example of a tool that can be used to help inform a child about advocacy, and demonstrate that the child has understood and agrees to advocacy, is available to download on this page as a pdf. Email: ceu@gov.scot – Central Enquiry Unit, Phone: 0300 244 4000 – Central Enquiry Unit, The Scottish GovernmentSt Andrew's HouseRegent RoadEdinburghEH1 3DG, Your feedback will help us improve this site. We work one on one with a young person to help them have a say in what is happening to them. The service is provided under s 122 of the Children’s Hearings (Scotland) Act 2011, which came into force on 21 November. Local authority reporters. An advocate must never promote or support any other individual or organisation's needs or wishes (including their own) when they are advocating for a child. out more about cookies, Independent advocacy: a guide for commissioners, National Guidance for Child Protection in Scotland, Information and advice about how and when to share such concerns, Scottish Children's Reporter Administration, Getting it right for every child (GIRFEC), that all the rights guaranteed by the UNCRC must be available to all children without discrimination of any kind (Article 2), that the best interests of the child must be a primary consideration in all actions concerning children (Article 3), that every child has the right to life, survival and development (Article 6), that the child's view must be considered and taken into account in all matters affecting him or her (Article 12), be aware of the rights of children and young people, act on the issues agreed with a child or young person and not be influenced by others, not let their personal opinions influence the child or young person's choices, help the child or young person to access the information they need, be clear that information about the child will not be shared without the agreement of the child or young person, except in very specific circumstances, understand the different laws that apply to what they do, not do anything the child or young person does not want them to do, except where the law requires it, be aware of and act within the law at all times, be aware that they might have to break the child or young person's confidentiality, if the law requires it, know how to respond where they are concerned about a risk to the child's wellbeing, promote the importance of children's voices being heard, highlight the role of advocates in making this a reality, the law requires information to be shared, there is a public duty to share information, the young person consents to the information being shared, the advocate must have a good understanding of the child's rights, the child should always be supported to understand their rights, the child should always be supported to understand the importance of their voice being heard, children should be given the choice to participate in decisions (this can mean children choosing not to be involved), children should be involved as early as possible when decisions are being taken, advocates must always be honest about what difference a child's view will make, and be clear about what is possible, children should be encouraged to ask questions and supported to get the information they need, children need to feel that they are being taken seriously and that their views are being listened to, children should be supported to understand how their views are being taken into account when decisions are being made, if a child needs extra help to engage in a matter, they should get that help, never assume that a child understands what is being said to them – always check, as part of their work, advocates should consider using activities which are fun and creative and which suit the child's ability, advocates must view the child as an individual, thinking about their age, ethnicity, ability, language, culture, religion, where they live and anything else that is important, a child of 12 has capacity to make a will, a child of 12 has capacity to consent to his or her own adoption, a child under 16 has capacity to consent to 'any surgical, medical or dental procedure or treatment where, in the opinion of a qualified medical practitioner attending him, he is capable of understanding the nature and possible consequences of the procedure or treatment'. All of the children being supported must understand your role and agree to your involvement. People with dementia and acquired brain injury are also covered by the Act. Read Petition background information; Previous action taken to resolve issue; Click here for the petition PDF; Petition History: SPICe Briefing (158KB pdf) Written submissions. Through policy and the delivery of services at both national and local level, the GIRFEC approach: The Children and Young People (Scotland) Act 2014 is rooted in the GIRFEC approach, and puts a number of key initiatives into statute, including the Named Person and the single Child's Plan. High quality children's advocacy should always have the same key features, no matter who provides the support. These rights fall into four broad categories: All of the rights are underpinned by four general principles: Advocacy plays an important role in promoting all four of these principles and is central to the realisation of Article 12 for many children. If you want to find out more about cookies, please visit http://www.allaboutcookies.org/manage-cookies/”, Our Vision and Strategic Plan: 2018 – 2022. A child is presumed to be of sufficient age and maturity at age 12. the person about whom records, whether manual or electronic, are held) has the right to consent to, or refuse, access to his or her records. Other Scottish Government initiatives underpinned by GIRFEC principles include the Children's Hearings System, the Early Years Collaborative, Early and Effective Intervention / Whole Systems, and the Family Nurse Partnership. You might have a right to independent advocacy or there may be particular circumstances which mean someone else is better placed to support you, help you to express your views on a matter. Children's hearings, including pre-hearing panels, and the sheriff must, so far as is practical and taking account of the age and maturity of the child: A child is presumed to be of sufficient age and maturity at age 12. The Education (Additional Support for Learning) (Scotland) Act 2004 (as amended) placed a legal duty on the Scottish Ministers to provide an advocacy service on request and free of charge to families and young people who make a reference to the Additional Support Needs Tribunal against an education authority's decisions regarding the provision of educational support. I understand how you, as an advocate, will support me and I agree to you helping me in this way. An adoption order may not be made in respect of a child who is aged 12 or over unless the child consents. We do that so that young people feel comfortable enough to tell us how they really feel. Whether you work in civil or criminal law, are newly qualified or looking to make the move to solicitor advocate, this conference will have something for you. A number of steps have been taken to recognise the importance of children's voices being heard in Scotland – read more about them in the section Right to be heard. The capacity of the child will depend on an assessment by the advocate of factors such as age, developmental stage, maturity and understanding. It aims to support children in all areas of their lives. There are other ways you can get support as a carer. Under the Act, children and families are empowered to make a choice as part of their social care assessment, with various options offered for the provision of support. Scotland Faculty of Advocates. Those rights are recognised internationally through the United Nations Convention on the Rights of the Child (UNCRC). Date: 25th June 2018 Time: 09:00 - 16:35 Location: Law Society of Scotland Atria One, 144 Morrison Street Edinburgh EH3 8EX Advocacy skills can be crucial in shaping the outcome of a case. Reference: CFS20/70. Payment of fees, expenses and allowances to persons providing children’s advocacy services. (section 32). Advocates must act only as an advocate and should not represent the views or wishes of any other person. 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