1. PEOPLE IN PARTNERSHIP 0121 440 4685 Parents with a Learning Disability and the Role of Advocacy CASBA 0121 475 0777 WWW.ADVOCACYATCASBA.ORG

2. What is Advocacy?

3. T he Role of the Advocate In general terms advocacy is: When one person helps another to have their views, opinions and concerns heard by others. For people who find it difficult to get their opinions and issues listened to. About giving people control over their life, to help them to make their own choices and informed decisions. Advocacy is not about acting in what is perceived to be the person’s best interest, but is about standing with that person to ensure that they are able to have their say about what they want or need.

4. Advocacy is a part of everyday life, as most of us will need the support of someone we trust to help us to speak up for ourselves at some point in our lives. Sometimes disadvantaged or vulnerable people find that those in a position of authority do not respond or listen to them appropriately and they find it difficult to speak up for themselves – this can be an isolating and frightening experience. Lack of information is disempowering. What they need is someone to help them to make informed choices and take control of their own lives – empowerment. W hy do people need Advocates?

5. To empower parents to participate in the process from an informed position. To promote good communication and a positive working relationship between the parents and the Local Authority. The extent to which the advocate gets involved depends to a greater or lesser extent on: The personal ability and strengths of the parents The skills and expertise of the advocate The financial resources available (subject to funding restrictions) The nature and extent of the local authority intervention T he core aim of the advocate within a child protection context

6. T he Range of Tasks of the Advocate Develop a trusting and honest relationship with the parent so as to be able to support them effectively through the process. Help parents to express their views and needs, by either supporting them to do so themselves (e.g. by preparing in advance of meetings and identifying what they want to say), or by presenting the parents’ views on their behalf. “With an advocate there, you feel better about speaking up. The advocate helps us to read the reports and tells the meeting to wait until we have read and understood things. The advocate makes notes so that we can understand what happened at the meeting. Sometimes the time or place of the meeting changes and we are not told. We need help to know where it is and what bus to get. We need advocacy to tell us if we are not being treated right or we do not know.” Challenge the local authority’s views on their behalf where it appears unreasonable to the parent. Identify when legal advice should be sought.

7. Ensure that the parent understands the range of options to them, the likely consequences of choosing a particular course of action and thereafter helping them to formulate their views. “I had to go to court on my own. My solicitor sometimes read reports to me but the words were difficult to understand. I had to give evidence but I did not have a clue what was going on. The social worker had long records but I had no notes to remind me of things. A lot of things the social worker said I did not agree with but sometimes it was like my solicitor could not be bothered to argue things in court. I did not have an advocate at court but got one after my children had been adopted. It was only then that someone actually sat down with me and helped me to read the court papers.” Give the parent information regarding the legal and practice framework and their rights within it. Help the parent to understand the specific concerns about their child(ren) and how these can be resolved to the satisfaction of the local authority. Ensure a professional and fair service.

8. Help parents to identify their needs and the services they require. ”My advocate helped me understand concerns and the things I need help with. I need counselling and I have that now, I need a support worker and I have one now. I separated from my husband and I am divorcing him now. I needed a safe way to make friends and I have that now through peer support. All of these things came up through several years in court papers, but as soon as my children were adopted, social workers stopped working with me so I had no help to find these things. My advocate helped me to find them and I have always worked with all of these people. If I had the help after the first court case, when I had my next child, I may have been able to keep him. The Judge was told I had not done any of these things and so my next child was removed. They did not tell the judge I had not been helped to get these things. It sounded like I couldn’t be bothered.” Negotiate on behalf of the parent with all parties. Encourage the parent to work with the local authority and other agencies, where appropriate.

9. Ensure that, wherever possible, decisions are made with the consent of the parents. “When I had my baby I was in hospital. The social worker told me that I was going into an assessment centre straight from the hospital but they did not get the money in time. She came to the hospital with papers for me to sign. She said my baby had to go into foster care. She said I could not take her home with me and if I did the police would come. She said if I did not sign then she would go to the judge and say I was not doing things in the best interest of my baby. The judge would not be happy with me. She told me to sign the papers and to put my child in care. I did not want to do this but I was scared it would make things go bad. Everyone could hear what was being said in the ward and everyone was looking at me. My advocate came in. She said I did not have to sign anything I did not want to. She let me speak to a solicitor who asked me what I wanted. I said I wanted to keep my baby with me. My solicitor spoke to the social worker and said she needed to go to court and get a proper order. I got my assessment with my baby but without an advocate I would have signed for my child to go into care. I was so scared. The Judge told the social worker off for trying to get me to sign something when I cannot read and write. “

10. Supporting professionals to communicate effectively. “People speak to me better when my advocate is there. They are more respectful to me. My social worker shouted at me once but does not shout when my advocate is there. My advocate makes people do their jobs properly. She stands up for me and makes people explain things. If they do not, my advocate tells them they have to. My advocate tells off other people but does not tell me off. She explains things to me and writes things down for me. She tells people to use proper words and not difficult ones that I do not understand. She takes me for coffee after the meeting and asks if I am ok. I trust my advocate. She is a nice lady.” Work co-operatively with other agencies/supporters involved to maximise the parents’ ability to participate.

11. Independent advocacy should be offered by organisations that are not care providers in order to maintain independence status and avoid a conflict of interest. Advocates are not part of the multi-agency team which has statutory responsibility for protecting children. They are therefore independent of all other agencies involved in child protection work and this independence is crucial to the parents entering into a trusting working relationship with them. Alongside independence, the confidential nature of the advocate’s work underpins the parent’s ability to trust him/her, because it creates a private environment in which the parent can explore the issues relating to the child protection concerns, without jeopardising their position with the local authority. T he Need for Independence and Confidentiality

12. However, there is a crucial limitation to this confidentiality; it is essential that the advocate reports any evidence or concern that a child is suffering, or is likely to suffer significant harm. Confidentiality would also be breached if we believe the parent or another person is in danger. This responsibility must be made clear to the parent they are supporting, from the outset. An independent advocate is there to represent the views of the parent and not to express a personal opinion.

13. ‘Good Practice Guidance on Working with Parents with a Learning Disability’ (DH & DfES, 2007) Independent advocacy should always be provided where children are the subject of a child protection plan and/or care proceedings instituted’. ‘Any parent involved in a child protection conference and/or care proceedings should be informed about local and national sources of independent advocacy. It is particularly important that parents with learning disabilities have access to independent advocacy in these situations. Commissioning strategies should address the availability of local advocacy as these are not always readily available’. ‘It is very important that parents have access to independent advocacy at an early stage and also that advocates have appropriate skills and knowledge of both learning disability and child protection issues’. G ood Practice

14. ‘Birmingham and Solihull Family Justice Board Pre-Court Proceedings Guidance’ (draft) ‘Pre-Court Protocol: Key Principles for Local Authority Effective Practice’ states that prior to commencement of proceedings (other than urgent or emergency applications) ‘Parents with learning difficulties should have the services of an advocate from the start.’ ‘Local Authorities should have identified any learning disabilities and/or any other specialist assessments prior to proceedings. A parenting assessment must take such disability into account and an advocate should be appointed to assist the parents.’

15. How is advocacy funded?

16. How should advocacy be funded?

17. Advocacy organisations, whether generic or specialist, usually rely on grants from local authorities and charitable trusts for funding. There is no national system for funding advocacy for parents in child protection/care proceedings. The result is that funding is inadequate and insecure. Until this is addressed, it is important that local authorities and practitioners are aware of the funding constraints, as this can, and does, prevent the service from being equally accessible to all parents with a learning disability involved in proceedings. Birmingham, the largest local authority in the country, is currently funding 37 hours of advocacy support per week for learning disabled parents for the whole of the city and that funding may be withdrawn altogether in September. C urrent funding

18. 0121 440 46850121 475 0777 www.advocacyatcasba.org