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Independent Advocacy Policy Statement


Published

Last Updated

Accessing independent statutory Advocacy for adult social care and health

1. Adults in Devon may be entitled to the support of an independent advocate to help them with health and social care issues, if they meet the thresholds for eligibility and priority for our statutory advocacy service.

2. Advocacy is taking action to help people say what they want, secure their rights, represent their interests and to get the services they need. Advocates can visit you at home or a place of your choice. If a paid advocate isn’t able to effectively help someone themselves, they may be able to find someone else who can.

3. The eligibility criteria for statutory adult social care independent advocacy is when someone:

  • could not reasonably be expected to understand or engage with health or social care procedures to resolve issues with the resources available to them
  • needs their voice to be heard in relation to some specific health and social care rights or freedom issues
  • has no one in their family or informal support network who is willing and able to advocate on their behalf

4. Devon County Council commission statutory advocacy services through local specialist advocacy organisations. When we have identified that someone requires advocacy, a referral will be made to our contracted providers.

5. We arrange for the provision of advocacy in relation to the following legislation:

  • The Care Act.
  • The Mental Capacity Act.
  • The Mental Health Act.

And we arrange Health (NHS) Complaints Advocacy on behalf of NHS Devon ICB for people in Devon and Torbay.

6. Devon County Council may also be able to provide some non-statutory advocacy. Eligibility for statutory advocacy and priority for non-statutory advocacy is determined by the council.

7. To receive further information:

Policy details

Version3.0
Strategic ownersKeri Storey, Deputy Director of Integrated Adult Social Care – Operations
Solveig Wright, Deputy Director Adult Commissioning and Health
Business ownerPaul Giblin, Involvement Manager
AuthorMax Sillars, Senior Commissioning Officer
Date of approval and commencementApril 2015
Last review dateFebruary 2025
Last reviewerMari Thynne, Senior Policy and Executive Support Officer 

Paul Giblin, Involvement Manager

Next review dateFebruary 2027