3.12.2 Advocacy and Independent Visitors

1. Advocates

Advocacy is about representing the views, wishes and needs of children and young people to professionals making decisions about their lives, and helping them to navigate the system, especially in times of transition. Advocacy services provide independent and confidential information, advice, representation, support and, advocacy for eligible children and young people.

Certain groups of children in England have a statutory entitlement to independent advocacy. This includes:

• Any child classified as a child in need (which includes child protection and children in care), care leavers;
• Children with special educational needs and disabilities;
• 16- and 17-year-olds who have presented to the local authority as homeless,
• Young carers;
• 16- and 17-year-olds who lack mental capacity and children who are subject to the Mental Health Act.

The Children Act 1989 places a duty on local authorities to make arrangements for the provision of advocacy assistance to children and young people.

In Lincolnshire, Advocacy is provided through a contract with VoiceAbility.

There are three main strands to the advocacy offer:

1. Advocacy for children and young people entitled to statutory advocacy (as listed above).
2. Advocacy provided directly to all Lincolnshire Children’s Services residential homes including the Secure Unit
3. Advocacy to parents is provided for those whose children are involved in the child protection process and in addition in circumstances where a parent has a disability under the terms of the Equality Act 2010.

An Advocate, via VoiceAbility should also be offered where a child wishes to be represented at a meeting (for example a Child in Care Review) or assisted in making a complaint or bringing a matter to the attention of the care provider, the local authority or the Regulatory Authority.

Information must be provided to all Children in Care about how they can gain access to a suitably skilled Independent Advocate, via VoiceAbility.

This information should be included in the Children's Guide or provided to them at any time by their social worker or Independent Reviewing Officer especially where their wishes and feelings may not be in accordance with plans being made for them. Information should be available in a range of accessible formats.

For further information on the process and how to access an Advocate, please refer to the Representation, Advocacy and Children's Rights Procedure.

1.1 Duties of an Advocate

An Advocate's role is to promote children and young people's central involvement in decisions affecting their lives. The nature of support advocacy provides varies considerably as it is dependent upon each local authority's commissioning arrangements but every service follows these core principles:

• The Advocate should not be directive or judgmental but should help the young person to express their views;
• Young people should be offered full information in expressing their views;
• Young people should decide upon the best course of action;
• The advocate should always remain fully supportive of the young person.

2. Independent Visitors

See also: National Standards for the Provision of Independent Visitor Services.

2.1 When to Appoint

A local authority looking after a child has a duty to appoint a person to be an Independent Visitor when it appears to be in the child's interests to do so.

The appointment of an Independent Visitor should be considered as part of developing the Care Plan for the child and at the Child in Care Review. Any decision not to appoint an Independent Visitor should be kept under review. The child's wishes and feelings should be obtained, and they must agree to the appointment of the Independent Visitor.

In particular, a local authority should assess whether it would be appropriate to appoint an Independent Visitor for the child they are looking after if either of the following is satisfied:

• It appears that communication between the child and their parent / person with Parental Responsibility has been infrequent;
• The child has not been visited (or has not lived with) a parent or any person who has Parental Responsibility for the child, during the preceding 12 months.

Local authorities are required to consider the appointment of an Independent Visitor if it appears it would be in the child's interests to do so. The following factors should be taken into account when considering if it would be appropriate to appoint an independent visitor:

• If the child is placed at a distance from home;
• If the child is unable to go out independently or experiences difficulties in communication and building positive relationships;
• If the child is likely to engage in behaviour which puts them at risk as a result of peer pressure or forming inappropriate relationships with older people;
• If a child placed in a residential setting would benefit from a more individualised setting; and
• If it would make a contribution to promoting the child's health and education.

2.2 Role of the Independent Visitor

Usually Independent Visitors are volunteers. To be 'independent' they must not be connected with the local authority which looks after the child (either directly or because they live in a household with a person who is connected with the local authority). Referrals for an Independent Visitor should be made to the local independent Visitor Service / Coordinator.

The role of the Independent Visitor is to be child focused and contribute to the welfare of the child. In particular they should:

• Promote the child's developmental, social, emotional, educational, religious and cultural needs;
• Encourage the child to exercise their rights and participate in decisions which will affect them;
• Support the care plan for the child;
• Complement the activities of the carers.

The Independent Visitor will visit, advise and befriend the child, with the aim of establishing a trusting and positive relationship. They way in which they do this will vary according to the needs and wishes of each individual child. Ideally they should remain a constant in the child's life, and be there if a child moves placements or has a change of social worker.

The Independent Visitor may be involved in meetings or consultation processes relating to the care of the child; for example if a local authority intends to apply to place a child in secure accommodation, their Independent Visitor must be consulted. The Independent Visitor may also contribute to Child in Care Reviews, either in writing or in person, if they have been invited or the child requests their attendance.

In most instances it will not be necessary or appropriate for the Independent Visitor to keep detailed records of their discussions with the child.

If the Independent Visitor has concerns about any aspects of the child's case they should contact the Independent Visitor Coordinator in their area to discuss these.

Selecting and Appointing an Independent Visitor

The child should always be part of the process of deciding whether an Independent Visitor should be appointed.

The social worker's knowledge of the child will be key to matching them with an Independent Visitor.

An introductory meeting should be held so the child can decide if they wish the appointment to be made.

On appointing an Independent Visitor, the local authority will decide how much information to give them about the child's current situation and history. The child should be involved in deciding what information is shared. Independent Visitors have no right to inspect a child's file. No information should be withheld if it places the child or visitor at risk.

Local authorities should provide carers with information about the role of Independent Visitors.

Recruitment, Training and Expenses

Local authorities should seek to recruit Independent Visitors from a variety of backgrounds and ages. As part of the application process, potential Independent Visitors will need to provide details of two referees and also be checked with the Disclosure and Barring Service.

Induction training will be provided to cover the formal aspects of the Independent Visitor role, such as requirements around confidentiality and claiming expenses. Independent Visitors do not require supervision or day to day management but they should be supported in their role, for example by an Independent Visitor coordinator.

The Independent Visitor is entitled to recover from the local authority expenses which are intended to cover travel and "out of pocket" expenses. The need for an Independent Visitor to continue their relationship with a young person on an informal basis once they cease to be Child in Care should be considered. The local authority should consider if it is appropriate to meet the cost of expenses until the after care responsibilities expire.

2.3 Review and Termination of Appointment

The need to continue the appointment should be considered at the child's Child in Care Reviews, and the child's wishes and feelings will be the main consideration in deciding the need for the continued appointment.

If an Independent Visitor wishes to resign the appointment, they must confirm this in writing.

Where there are any concerns about the behaviour of an Independent Visitor, these should be fully investigated and a decision reached about whether the appointment should be terminated. If there are concerns about the Independent Visitor's suitability to work with children, multi agency safeguarding children procedures should be followed.