Fife Advocacy could have filled role

Published 11 Nov 2009 14:50 2 Comments

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I am interested in the issue of provision of independent advocacy to people with mental health issues in Fife. The Mental Health (Care and Treatment) (Scotland) Act 2003 states that everyone with a mental health disorder is entitled to independent advocacy.

The Act seems to refer only to treatment and care. The provision of independent advocacy should not be, according to the Scottish Government, 'tied to' the provision of any other type of mental health services. It is the combined legal duty of Fife Council and NHS Fife to make independent advocacy services available free of charge, to those with a mental disorder. Fife Council recently put the provision of advocacy services out to tender and the contract was awarded to Circles Network. Circles is funded by Fife Council and was chosen by Fife Council to provide advocacy services as per the Act.

Dr Anderson, Mental Health Act Facilitator for NHS Fife, states in correspondence that 'NHS Fife staff have a duty to ensure that patients are able to choose which advocacy organisation they wish to use….and…a list of independent advocacy services within Fife is made widely available in all wards and departments for staff and patient information'. The Scottish Government website has a 'Map of independent advocacy Across Scotland' and the information given for Fife is inaccurate and outdated. There is information on funding for 2003/04, but unsatisfactory information on advocacy organisations. There is seemingly 'an NHS Fife Policy on independent advocacy, which has just been reviewed and is currently being re-distributed' which I have still to request and read.

The purpose of independent advocacy, according to the law, is to give the person in receipt of the service as much control and influence over their life as is possible. Circles is a voluntary organisation and do not mention advocacy in their 'About Us' section or on the menu of their website. There has, I believe, been a complaint submitted to the Scottish Government claiming that Circles do not provide advocacy. In my opinion, advocacy work is highly specialised requiring to be conducted by highly skilled and informed individuals with life experience. On at least one of the sites of a local advocacy group it states that anyone, 'without qualifications or experience' can become a volunteer. Dr Susan Anderson, gives an example of the role of an independent advocate, as 'supporting' people at Mental Health Tribunals. What use would such a person be at a Mental Health Tribunal, which consists of: one legal, one medical and one social care professional?

I would be interested to know if accompanying advocates ever challenge decisions made by tribunals. The three professional individuals making up the tribunal are surely trusted by most people to make reliable and dependable decisions - so why is it considered that we also have to pay an independent advocate to attend? Is this the best use of public money? There are so many other uses for advocates, which do not seem to exist at present. For example, UNESCO suggest advocacy as a way to help tackle literacy issues.

There are many people with mental health issues and learning disabilities in the community who could use advocates to assist with correspondence. Many people could also use advocates to facilitate social, financial and IT inclusively. It is now possible for people receiving support and care in the community to access their own budgets via Self-Directed Care to pay for the support they feel they need to thrive, rather than this being decided by the local authority. In correspondence, Dr Anderson states that NHS Fife do not restrict access to independent advocacy to patients with a mental health disorder.

'All patients, irrespective of gender, race, religion, or belief, disability or sexual orientation, who receive care and treatment by NHS Fife have a right to access the support of an independent advocate.' I am quite sure this information is not widely known. Does this advocacy only relate to care and treatment? Where does this advocacy come from and who funds it? If patients choose their advocate and Fife Council fund the advocate of their choice, why was Fife Advocacy, based in Cowdenbeath, refused funding by Fife Council?

If this body continued to offer independent advocacy and patients continued to choose this organisation, then how could Fife Council possibly cease to finance this advocacy? Fife Council chose Circles rather than the patients requiring advocacy.

PATRICIA GRAY, Myers Court, Dunfermline.

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Ranjeeb
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Dec 17, 22:56
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You raise important points - on re-checking their website I see that you could see Circles as a service provider - if so, then to what extent can they be independent? They might say they can be independent because at present they provide no services in Fife - but if that were to change, would that be so clear? I don't know - but you raise valid questions.

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jockyboy
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Jan 17, 20:47
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independent means that they are not connected to nhs and their services. and many of the patients dont have a choice of who represents them as an advocate, there isnt a choice, circles was given the contract on merit.

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