Further details of this process can be found in the assessment section. Advocates can provide children and young people with the knowledge, confidence and support that they need to influence the decisions which affect their lives. In considering an application relating to parental responsibilities, parental rights, guardianship or administration of child's property, a court must: A child is presumed to be of sufficient age and maturity at age 12. Irrespective of who is providing advocacy to a child, it is crucial that everyone is clear about the boundaries of the role. Broadly the matters which can be appealed are: Further information on the Additional Support Needs Tribunal. The 'data controller' or person holding the record should reply to the child in that case. Child advocacy refers to a range of individuals, professionals and advocacy organizations who speak out on the best interests of children. There are a number of key rules which should always be remembered when an advocacy worker is engaging with a child or young person: Any advocacy should be led by the child, allowing them to take part in decisions in the way that is right for them. Please note that this guidance is currently being refreshed so some of the information may not be up to date. Scotland offer both individual professional advocacy and collective advocacy through their work with the TNT (Today, not Tomorrow) and Crafty Foxes groups. Advocates must act only as an advocate and should not represent the views or wishes of any other person. We also use non-essential cookies to help us improve our websites. In considering whether a child under 16 has capacity to instruct advocacy, it will be relevant to consider whether instructing advocacy would be something a child of that particular age and circumstances would commonly be expected to do. (section 32). Who Cares? (sections 8 and 11), When considering whether to provide information concerning the child's wellbeing to or by the Named Person, the information holder should ascertain and have regard to the views of the child or young person, taking account of the child's age and maturity. If you are supporting a group of children involved in collective advocacy, the same rules generally apply as if you are supporting a single child. Scotland is a registered charity SC 026076. Who Cares? This is known as collective advocacy. If your needs don’t match the criteria here, you can find information on other independent advocacy providers at the Scottish Independent Advocacy Alliance website . An advocate must never promote or support any other individual or organisation's needs or wishes (including their own) when they are advocating for a child. Project Lead - Child and Family Support and Advocacy. These are small files which a website sends to your device, to make a website remember you when you visit. The advocate would help them understand their rights, work out their options, express their views and make decisions. The Education (Additional Support for Learning) (Scotland) Act 2004 (as amended) placed a legal duty on the Scottish Ministers to provide an advocacy service on request and free of charge to families and young people who make a reference to the Additional Support Needs Tribunal against an education authority's decisions regarding the provision of educational support. Scotland is a national voluntary organisation, working with care experienced young people and care leavers across Scotland. Scotland provides professional, independent advocacy services in most local authority areas in Scotland. The Scottish Children’s Services Coalition is committed to ensuring that care experienced children and young people in Scotland have a statutory right to independent advocacy services.. Dr Alasdair Allan, Minister for Learning, Science and Scotland's Languages appointed Let's Talk ASN, a partnership of Govan Law Centre and Kindred Advocacy, to provide this service from 1 April 2014. Also, in the Edinburgh office we have Volunteer Advocacy Workers that work with our service. Advocacy is a way of helping children and young people understand their rights. Getting it right for every child (GIRFEC) is the national approach to improving the wellbeing of children and young people. Who Cares? Reference: CFS20/70. If they are not living with their children they have both the responsibility and the right to stay in touch with and be involved with the lives of their children unless otherwise directed by legal authorities in certain circumstances. There is no presumption of maturity at age 12, a child under 16 has capacity to instruct a solicitor in a civil matter, where the child has 'a general understanding of what it means to do so'. Find Children of 12 and over are presumed to be sufficiently old and mature to have a general understanding of what it means to exercise that right, therefore they have the required capacity. 0131 510 9410 enquiry@siaa.org.uk . Email: ceu@gov.scot – Central Enquiry Unit, Phone: 0300 244 4000 – Central Enquiry Unit, The Scottish GovernmentSt Andrew's HouseRegent RoadEdinburghEH1 3DG, Your feedback will help us improve this site. All of the children being supported must understand your role and agree to your involvement. The group as a whole may campaign on an issue that affects them all. Genuinely listening to young people and including their voice in decision-making should help achieve this. People affected by the Mental Health (Care and Treatment) (Scotland) Act 2003 have a legal right to independent advocacy. This is described in more detail in the section Understanding advocacy. A child is presumed to be of sufficient age and maturity at age 12. The worker develops a trusting relationship with the young person, and helps them to have their say and understand what they want to say. There are other ways you can get support as a carer. There may be issues that a child raises with their advocate which they say they do not wish to be shared more widely. Our advocates are independent. Under the Act, children and families are empowered to make a choice as part of their social care assessment, with various options offered for the provision of support. By continuing to use this site, you agree to our use of cookies. See how we can help you . In some instances, children are entitled to independent advocacy support. 12 – 15 years old who wish to challenge decisions being made by education authorities across Scotland. If a child has the necessary capacity, the duty is owed to the child. The individual members of the group may support each other over specific issues. The child may: Before making any decision in relation to a looked after child, a local authority must ascertain (so far as reasonably practicable) and have regard to the views of the child concerned, taking account of their age and maturity. Finally, they have both the responsibility and the right to act as a legal representative for their child. An example of a tool for explaining advocacy to children and young people: Everything we discuss will be confidential, unless we think that you are in a dangerous or life threatening situation, or are likely to be a serious danger to others, or the law tells us to pass on information, in which case we may have to tell someone who will look after you. Scotland 2020Who Cares? Signature. Where the advocate has a concern which is less serious, they will wish to consider whether information should be shared with the child's Named Person (usually the child's health visitor, for pre-school children, or their head teacher). We’re working to prevent child abuse in Scotland. The Scottish Independent Advocacy Alliance offers independent advocacy support to any vulnerable person. Alternative dispute resolution. People with dementia and acquired brain injury are also covered by the Act. Children's 'evolving capacity' should always be kept in mind. The capacity of the child will depend on an assessment by the advocate of factors such as age, developmental stage, maturity and understanding. We work one on one with a young person to help them have a say in what is happening to them. Failure to obey order. In some circumstances, there may be a conflict between the child and their parent(s). At the SWRC we recognise that abuse and violence can affect every aspect of a woman’s life. We use this information to make our website as easy for you to use as possible. A child is presumed to be of sufficient age and maturity at age 12 and any views expressed by the child should be given greater weight than the views of their parent. Information and advice about how and when to share such concerns. Giving children and young people a voice. In this regard we can offer clients their own mutual support networks within Parent and Child Advocacy. Our Advocacy Workers support people who live at home as well as some people who are in hospital. Disabled young people can struggle to develop friendships and wider social networks independent of parents and paid carers (though parents frequently strive to facilitate this process), so it is particularly important that advocacy identifies and faithfully articulates their views. Pictured: Radical change is needed so that children in care can ‘live their life as any other child would’. They also provide support for children under 16 years who are subject to compulsory measures under the Mental Health (Care & Treatment) (Scotland) Act 2003. The rights of all individuals up to the age of 18 are set out in the United Nations Convention on the Rights of the Child (UNCRC). Legal capacity is mainly governed by the Age of Legal Capacity (Scotland) Act 1991. Any data collected is anonymised. We work one on one with a young person to help them have a say in what is happening to them. At a national level, the Government's approach to supporting children and young people – Getting it right for every child (GIRFEC) – emphasises the importance of children being placed at the centre of services and being listened to when decisions are being taken which affect them. These rights fall into four broad categories: All of the rights are underpinned by four general principles: Advocacy plays an important role in promoting all four of these principles and is central to the realisation of Article 12 for many children. 23. If you prefer not to allow this, you can adjust your browser settings. Explanatory Note For most children, parents take on the role of advocate. To do so would result in a conflict of interest. The Additional Support Needs Tribunals for Scotland (ASNTS) was established in November 2005 by the Education (Additional Support for Learning) (Scotland) Act 2004, which made provision for the establishment of the Tribunals to hear appeals (references) made by parents and young people against decisions of education authorities regarding the provision of additional support. Training and qualification of child advocacy workers. 01224 332314. Statutory guidance on providing effective advocacy services for children and young people making a complaint under the children Act 1989. We strive to provide advocacy that helps young people feel respected, included, listened to and understood. The Scottish Government’s guidance on Children’s Advocacy states that advocacy is about supporting a child to express their own needs and views and to make informed decisions on matters which influence their lives. When working with children, it is important to recognise and understand the rights and responsibilities of their parents. Advocacy has an important role to play in supporting disabled children and young people to express their views. Anyone can act as an advocate for a child or young person. (section 259), Scottish Ministers must provide a free advocacy service to conduct discussions with or make representations to the Additional Support Needs Tribunal or any other person involved in the proceedings on behalf of a child's parent, or a young person. Advocacy gives the young person a chance to tell someone what they want or like, outwith the line of professionals. Please see our contact page for more information on making a referral. 7. An adoption order may not be made in respect of a child who is aged 12 or over unless the child consents. We provide services across Scotland to help give children and young people the support they need to thrive. Parents also have the responsibility to ensure their children are given suitable education. These rights are designed to complement children's rights and should be balanced in a way which delivers the best possible outcomes for all those involved. A child may speak directly to the Sheriff; give their views to a Curator ad litem or Reporting Officer; or be legally represented. The aim of child advocacy is to encourage empowerment of children and uphold their human rights. Information given by a child or young person to an advocate would normally be considered confidential. 3. Carers UK offer a self-advocacy toolkit for carers, which gives advice on making your voice heard if you care for someone else. People with physical disability with a shared goal. Scotland supports care experienced people to have their voice heard and we make that happen in a number of ways. Being in care can be a difficult environment for a child or young person to cope with. Scotland supports care experienced people to have their voice heard and we make that happen in a number of ways. Advocacy helps to make that right a reality for those children and young people who, for whatever reason, would not otherwise be able or allowed to share their views about something. Under 16, capacity depends on the circumstances, and on the relative maturity of the child. A worker can help a young person speak to their Social Worker and Children’s Panel Member – or their carers and teachers. At a national level, the Government's approach to supporting children and young people – Getting it right for every child (GIRFEC) – emphasises the importance of children being placed at the centre of services and being listened to when decisions are being taken which affect them. Ahead of the final vote on the Social Security (Scotland) Bill, the Scottish Government has put forward an amendment that would see services provided to anyone who, because of a disability, needs additional support to engage fully with the Scottish social security system. ... A devil's competence in a number of aspects of written and oral advocacy is assessed during devilling, and if a devil is assessed as not competent, he or she will not be admitted to the Faculty. The need for high quality advocacy for children and young people is being increasingly recognised across Scotland. It requires the chairing members of children’s hearings to inform children of the availability of children’s advocacy services, for which ministers have made provision with £1.5m of funding in 2020-2021. Duty to ensure availability of child advocacy services. help you to understand any decisions which may impact on you and will explain why those decisions were taken. Further information: Independent advocacy: a guide for commissioners. Service standards. (sections 4 and 84), How can views be expressed? (I have more information explaining this, if you would like). The Mental Health (Care & Treatment) (Scotland) Act 2003 identifies that every person with a mental disorder has a right to independent advocacy. Our advocacy is not like a mentoring or befriending service. If this does happen, advocates must consider whether the child is at risk. It is important to recognise when such conflicts arise and for separate representation to be found for the child and the parent(s). Date: 25th June 2018 Time: 09:00 - 16:35 Location: Law Society of Scotland Atria One, 144 Morrison Street Edinburgh EH3 8EX Advocacy skills can be crucial in shaping the outcome of a case. “Our website uses ‘cookies’ to track visits on our site. More information on the Children's Hearings System: The need for high quality advocacy for children and young people is being increasingly recognised across Scotland. Parents have the responsibility to look after their children, ensuring that they are given healthcare when required, and encouraging their growth, development and welfare. There is a presumption of sufficient age and maturity at age 12, puts the best interests of the child at the heart of decision making, takes a holistic approach to the wellbeing of a child, works with children, young people and their families on ways to improve wellbeing, advocates preventative work and early intervention to support children, young people and their families, believes professionals must work together in the best interests of the child, decisions the education authority has made about a child or young person's co-ordinated support plan (CSP), failure to provide the additional support contained in a CSP, failures to carry out their planning duties before young people leave school, give a child the opportunity to indicate whether he or she wishes to express a view, give a child who wishes to express a view the opportunity to do so, give their views to a Curator ad litem or Court Reporter, communicate views to a hearing by telephone, video link or other means of communication in limited circumstances, share their views with a Safeguarder or other report writer, be given an opportunity to indicate whether he/she wishes to express a view, if so, be given the opportunity to express a view, support you to think about who is best placed to help you share your views. 24. 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