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What is Independent Advocacy

Children’s rights and Independent Advocacy

Did you know that children with mental health issues in Scotland have the legal right to Independent Advocacy? Independent Advocacy is all about people with less power having their voices heard. Children, in particular, may often have difficulty speaking up. Independent Advocacy is an important way for them to get help saying what they need.

Although children with mental health issues have the right to Independent Advocacy, in reality very few are actually able to access it. This is because many local authorities do not fund this type of Independent Advocacy. Children are missing out on a service they legally have the right to.

How CAPS works with children and young people

CAPS already provides Independent Individual Advocacy to children and young people in East Lothian and Midlothian. However, it is only funded to work with those who are experiencing the Children’s Hearings system. Individual Advocacy workers work one-to-one with children and young people. They first build a rapport with the child through games or play, relevant to the age and interest of the child or young person. Once a trusting relationship is established the worker helps the child to say what they want and need. In the case of Children’s Hearings, people will make important life-changing decisions at the hearing. For example, about where and with whom the child lives. Having an Independent Advocacy worker by their side is vital for vulnerable children or young people who may feel they have little control over their own lives. Independent Advocacy puts children and young people at the centre of their hearing and makes sure their views are taken into account.

Our advocacy workers often get asked by children to work with them on other issues outside of their hearing. But unfortunately, they cannot do this, because the funding is only for the specific purpose relating to a Children’s Hearing. Wider access to Independent Advocacy for vulnerable children and young people would help solve this problem, starting with children with mental health issues or a learning disability who already have a legal right. CAPS welcomes the incorporation of the UNCRC into Scots law as an important step forward in strengthening children’s rights. However it’s important to make sure that those rights can be realised.

Find out more about Individual Advocacy

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