New Challenge Guidance

New resource for practitioners to support effective challenge

Empowerment Matters worked with VoiceAbility to produce a new Practice Guide for challenging decisions or actions with or on behalf of individuals involved with social care and health services.

The first of its kind, this Guidance provides comprehensive information to support advocates and professionals to decide on the most appropriate route to take to challenge decisions based on the person’s views and situation.  This guide will help advocates to develop a ‘tool-kit’ of different approaches in order to get the best possible outcome for people.

The full Guidance can be downloaded here: Guidance on Challenging Decisions – July 2015

The Guidance provides detailed information on the spectrum of methods to resolve issues including:

  • Taking an informal approach to challenge; when this is most appropriate and the skills required to be effective, including negotiating and influencing;
  • Formal routes to challenge; under the Mental Capacity Act 2005; Mental Health Act 1983; and Care Act 2014 as well as formal complaints processes and judicial review.

The Guide will be helpful to advocates, family members and others who often take on the crucial role of supporting people to raise their own concerns, or challenging decisions on their behalf, were necessary.  It provides essential reference materials, case examples and references to relevant Articles with Acts and Statutory Guidance and aims to increase the knowledge and confidence of those challenging decisions in often very complex situations.

The Guide was commissioned by VoiceAbility, written by Empowerment Matters with legal advice from Irwin Mitchell LLP and substantial guidance and input from advocates at VoiceAbility.

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Law Commission Mental Capacity Act and DoLS consultation paper published today

The Law Commission has published its consultation paper, Mental Capacity and Deprivation of Liberty. The paper can be accessed here. http://www.lawcom.gov.uk/project/mental-capacity-and-deprivation-of-liberty/#related.The paper reviews the Deprivation of Liberty Safeguards (the DoLS) in England and Wales.

Chapter 9 focuses on Advocacy and the Relevant Person’s Representative. One of the provisional proposals presented in the paper is that the “provision of advocacy should be streamlined and consolidated across the Care Act and Mental Capacity Act (in its entirety), so that Independent Mental Capacity Advocates would be replaced by a system of Care Act advocacy and appropriate persons.

The consultation will run from 7th July until 2nd November 2015.