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Statutory Advocacy (UK)

In the UK, statutory advocacy refers to a range of independent representational advocacy services which are required to be provided by local governments and other organisations. Users who meet certain criteria have a legal right to access these advocacy services in certain situations. The various types of statutory advocacy are each defined by key pieces of legislation. The specifics of who can access advocacy services and how they are provided vary between England, Wales, Scotland and Northern Ireland.

History
(development from informal advocacy)

Principles
(Advocacy Charter)

Legislation

 * The Mental Capacity Act 2005 (England and Wales), the Mental Health (Care and Treatment) Act 2003 (Scotland) and the Mental Capacity Act 2016 (Northern Ireland) create the right to Independent Mental Capacity Advocates (IMCA) for persons who have been judged to lack mental capacity and who do not have appropriate close family to support them during certain sorts of 'best interests' decisions. A subsequent amendment to the 2005 Act in England and Wales created the Deprivation of Liberty Safeguards (DoLS), a formal legal framework under which people who lack capacity are detained in residential and hospital settings, and created the role of the Paid Relevant Persons Representative (PRPR) for those without suitable family members to carry out the duty. The legislation in Northern Ireland creates the role of a 'Nominated Person' under its version of the DoLS; however, the requirements for this role do not fall under the independent umbrella.


 * The Mental Health Act 2007 creates the right to Independent Mental Health Advocates (IMHA) for most patients who are detained under the Mental Health Act 1983, as well as various other qualifying patients.


 * The Care Act 2014 creates the right for those who have 'substantial difficulties' understanding decisions made about their care planning to have access to an Independent Care Act Advocate (ICAA).


 * The National Health Service Act 1977 creates the right to Independent Complaints Advocacy Services (ICAS) or Independent Health Complaints Advocates (IHCA) for all people making complaints regarding NHS services.