Explanation of decisions to the child. I attend Tribunals also and the representation and role provided … If a child does not have capacity, the duty still exists, and is owed to the child and to the child's legal representative, that is, someone with the parental right to act as the child's legal representative. Please call us to find out) A confidential, non- judgmental and trustworthy support. (I have more information explaining this, if you would like). At the SWRC we recognise that abuse and violence can affect every aspect of a woman’s life. 3. They have the responsibility and the right to decide how their children should be brought up, and be in charge of actions and behaviour until the child is 16. We’re working to prevent child abuse in Scotland. Training and qualification of child advocacy workers. help you to understand any decisions which may impact on you and will explain why those decisions were taken. 4. Those rights are recognised internationally through the United Nations Convention on the Rights of the Child (UNCRC). Advocates can provide children and young people with the knowledge, confidence and support that they need to influence the decisions which affect their lives. We work with children, families and professionals. A decision which supports the realisation of a five-year-old child's rights may not have the same positive impact on a 15-year-old. If you think you would benefit from our help, or know someone who might, then contact us using the telephone number below. It is crucial that advocates have a strong understanding of children's rights. Carers UK offer a self-advocacy toolkit for carers, which gives advice on making your voice heard if you care for someone else. The Public Health Advocacy Institute of Western Australia provides the following definition in their advocacy toolkit: The word ‘advocate’ actually comes from a Latin word… In keeping with the vision and philosophy of the Kilbrandon Report of 1964, a children's hearing is a lay tribunal of three panel members. What child advocates do. Duty to consider child’s best interests when allowing access to information. out more about cookies, Coronavirus (COVID-19): what you need to know. One-to-one advocacy and collective advocacy for children and young people who: – are care experienced up to the age of 26 – involved in Child Protection proceedings – up to 19 years old with additional support needs – up to 19 years old and subject to intervention under the Mental Health (Care and Treatment) (Scotland) Act 2003 The hearing must seek, listen to and take account of the views of children, young people and other specified 'relevant persons', as defined in the Children's Hearings (Scotland) Act 2011. 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 . Only 3% of total statutory funding for advocacy in 2003/4 is spent on children and young people. In some instances, children are entitled to independent advocacy support. 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. (sections 1 and 15), The court (and adoption agency if applicable) must have regard to the child's views. 21. If a child has the necessary capacity, the duty is owed to the child. Part of a series on: Scots law; Administration. Content of training. This blog provides a quick summary of two health/ public health advocacy campaigns in Scotland, both launched at Scottish Parliament during 2017. This is described in more detail in the section Understanding advocacy. In this regard we can offer clients their own mutual support networks within Parent and Child Advocacy. Pictured: Radical change is needed so that children in care can ‘live their life as any other child would’. 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.. It is important to recognise when such conflicts arise and for separate representation to be found for the child and the parent(s). (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. There may be issues that a child raises with their advocate which they say they do not wish to be shared more widely. You might have a right to independent advocacy or there may be particular circumstances which mean someone else is better placed to support you, help you to express your views on a matter. If an advocate feels unable to support the child because of the above, someone else should be asked to provide advocacy support. Information and advice about how and when to share such concerns. “Our website uses ‘cookies’ to track visits on our site. In general, a child under 16 has legal capacity to enter into a transaction 'of a kind commonly entered into by persons of his age and circumstances', provided the terms of the transaction are 'not unreasonable'. Arrangements for the provision of children’s advocacy services. IAPK provides confidential and free independent advocacy. 6. Statutory guidance on providing effective advocacy services for children and young people making a complaint under the children Act 1989. Volunteering. Adult advocacy organisations do not accept referrals from clients under the age of 18, or in some cases, 16. At 16, a young person has full legal capacity. Advocates do not make choices for children – instead, they support children and young people to make their own choices. In order for that trust to be developed it is crucial that the child or young person understands what the advocate's job is and agrees to an individual acting as their advocate. 'My wish for a LAC [looked after child], is for them to feel at home in a Care Home. Failure to obey order. People covered by the Mental Health (Care and Treatment) (Scotland) Act (including people who have a mental health issue, a learning disability, autism or dementia) have a legal right to independent advocacy. 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. Broadly the matters which can be appealed are: Further information on the Additional Support Needs Tribunal. 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. Reference: CFS20/70. If this is to work effectively, then it is crucial that children, young people and families are supported to understand what help is possible and what their choices may be. Because of my advocacy worker, I gained confidence to express my views, either written down or speaking. A Child Advocate cannot represent the child in court proceedings although they may be called upon to give evidence at certain stages. Also, in the Edinburgh office we have Volunteer Advocacy Workers that work with our service. 12 – 15 years old who wish to challenge decisions being made by education authorities across Scotland. In Scotland, children under the age of 16 who are deemed to have the necessary capacity have that same right of consent or refusal. Every pound that you donate or fundraise allows us to do more work with more young people. We work one on one with a young person to help them have a say in what is happening to them. Scotland worker. 23. Our partners at Clan Childlaw have helpfully put together a list of domestic laws which promote and protect a child's right to be heard: A parent must have regard to the views of the child concerned. A child is presumed to be of sufficient age and maturity at age 12. It is based on a voluntary relationship between a professional advocacy worker and a child or young person, who is in control of how their views are shared. These are small files which a website sends to your device, to make a website remember you when you visit. 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. Taking account of the child's maturity, the child must: Regard must be had to any view expressed by the child. The aim of child advocacy is to encourage empowerment of children and uphold their human rights. 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. Parents have the responsibility to look after their children, ensuring that they are given healthcare when required, and encouraging their growth, development and welfare. Parents also have the responsibility to ensure their children are given suitable education. Advocacy Service Aberdeen. Children's 'evolving capacity' should always be kept in mind. A worker can help a young person speak to their Social Worker and Children’s Panel Member – or their carers and teachers. An adoption order may not be made in respect of a child who is aged 12 or over unless the child consents. Except in specific circumstances, they have the right to have their children live with them or the right to decide where their children should live. 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. Advocacy has an important role to play in supporting disabled children and young people to express their views. How can views be expressed? The Children's Hearings System is Scotland's unique, integrated approach to child care and justice for children and young people under 16, and in some cases under 18, who are in need of care and protection or have committed offences. It aims to support children in all areas of their lives. I understand how you, as an advocate, will support me and I agree to you helping me in this way. Gov.scot uses cookies which are essential for the site to work. Advocates should be mindful that parents themselves may have a need for advocacy support in order to express their wishes in relation to decisions affecting their children. Advocacy gives the young person a chance to tell someone what they want or like, outwith the line of professionals. Legal capacity is mainly governed by the Age of Legal Capacity (Scotland) Act 1991. An education authority must have due regard to the views (if there is a wish to express them) of the child in decisions that significantly affect that child, taking account of the child's age and maturity. 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. With thanks to Scottish Local Authorities, funding partners and donors who make our work possible. The Scottish Independent Advocacy Alliance offers independent advocacy support to any vulnerable person. Getting it right for every child (GIRFEC) is the national approach to improving the wellbeing of children and young people. (our criteria are subject to change and there may be other advocacy situations in which we can help people. People do not have to have a medical diagnosis to access independent advocacy. Please note that this guidance is currently being refreshed so some of the information may not be up to date. Older people with a shared goal. To find out about accessing advocacy for a young person, or if you are a young person who wants to speak to an advocate in your area, click here to find out who is available in your area. A number of steps have been taken to recognise the importance of children's voices being heard in Scotland – read more about them in the section Right to be heard. The need for high quality advocacy for children and young people is being increasingly recognised across Scotland. The 'data subject' (i.e. 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. 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'. Child Advocacy Jobs in the United Kingdom All New Filter 170 jobs Create alert All New Solicitor (Child Care & Advocacy Legal Team) Save. We’re independent to any care services a young person receives – this is crucial because we want young … Giving children and young people a voice. Alternative dispute resolution. Who Cares? Advocacy is a way of helping children and young people understand their rights. Under 16, capacity depends on the circumstances, and on the relative maturity of the child. Our advocacy is not like a mentoring or befriending service. The capacity of the child will depend on an assessment by the advocate of factors such as age, developmental stage, maturity and understanding. Advocacy Service Aberdeen is an independent advocacy service for people who live in Aberdeen. Advocacy is about supporting a child to express their own needs and views and to make informed decisions on matters which influence their lives. Duty to ensure availability of child advocacy services. I honestly would recommend it to anyone who lacks confidence to say their views in a children’s hearing or LAAC review. 0131 510 9410 enquiry@siaa.org.uk . That’s why we run specialist advocacy services across the UK. 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). Finally, it is important to remember that, as children grow, their rights will be best met in different ways and decisions about how to support them will need to reflect this fact. (section 27). These are designed to improve your experience of using a website and also help us to understand how many visitors we receive, and how they are using our site. out more about cookies, Independent advocacy: a guide for commissioners, National Guidance for Child Protection in Scotland, Information and advice about how and when to share such concerns, Scottish Children's Reporter Administration, Getting it right for every child (GIRFEC), that all the rights guaranteed by the UNCRC must be available to all children without discrimination of any kind (Article 2), that the best interests of the child must be a primary consideration in all actions concerning children (Article 3), that every child has the right to life, survival and development (Article 6), that the child's view must be considered and taken into account in all matters affecting him or her (Article 12), be aware of the rights of children and young people, act on the issues agreed with a child or young person and not be influenced by others, not let their personal opinions influence the child or young person's choices, help the child or young person to access the information they need, be clear that information about the child will not be shared without the agreement of the child or young person, except in very specific circumstances, understand the different laws that apply to what they do, not do anything the child or young person does not want them to do, except where the law requires it, be aware of and act within the law at all times, be aware that they might have to break the child or young person's confidentiality, if the law requires it, know how to respond where they are concerned about a risk to the child's wellbeing, promote the importance of children's voices being heard, highlight the role of advocates in making this a reality, the law requires information to be shared, there is a public duty to share information, the young person consents to the information being shared, the advocate must have a good understanding of the child's rights, the child should always be supported to understand their rights, the child should always be supported to understand the importance of their voice being heard, children should be given the choice to participate in decisions (this can mean children choosing not to be involved), children should be involved as early as possible when decisions are being taken, advocates must always be honest about what difference a child's view will make, and be clear about what is possible, children should be encouraged to ask questions and supported to get the information they need, children need to feel that they are being taken seriously and that their views are being listened to, children should be supported to understand how their views are being taken into account when decisions are being made, if a child needs extra help to engage in a matter, they should get that help, never assume that a child understands what is being said to them – always check, as part of their work, advocates should consider using activities which are fun and creative and which suit the child's ability, advocates must view the child as an individual, thinking about their age, ethnicity, ability, language, culture, religion, where they live and anything else that is important, a child of 12 has capacity to make a will, a child of 12 has capacity to consent to his or her own adoption, a child under 16 has capacity to consent to 'any surgical, medical or dental procedure or treatment where, in the opinion of a qualified medical practitioner attending him, he is capable of understanding the nature and possible consequences of the procedure or treatment'. If this does happen, advocates must consider whether the child is at risk. The worker develops a trusting relationship with the young person, and helps them to have their say and understand what they want to say. Advocacy will most often be required where a child is engaging with a service, such as health, education, police, social work etc. Advocacy Highland is an independent, voluntary organisation providing free & confidential independent advocacy in the region for individuals of all ages. Advocacy in Fife provides support to people aged 16 or over and living in Fife with: mental health issues, learning disability, personality disorder, physical impairment acquired brain injury, dementia, autism and chronic illness. 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. There are however some exceptions. Disabled children and young people may have a range of complex needs which include communication support and support for cognitive ability and capacity to understand. Children's hearings, including pre-hearing panels, and the sheriff must, so far as is practical and taking account of the age and maturity of the child: A child is presumed to be of sufficient age and maturity at age 12. (section 14A), In court proceedings, any person calling a child witness must take into account the views of the child. 22. Being in care can be a difficult environment for a child or young person to cope with. 01224 332314. 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. 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. Monitor performance of advocacy provision at local level within the Children’s Hearings System. It is important that a child fully trusts the individual who is advocating on their behalf. Own needs and views and to make their own choices make a website remember when. Hearings ( Scotland ) Act 2003 have a say in what is happening them. Whether the child matters which influence their lives is provided under s 122 of the child child’s. 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