The Department for Education is expected to publish updated National Standards for the Provision of Children and Young People’s Advocacy Services this summer, alongside revised statutory guidance on effective advocacy for looked after children, children in need and care leavers.
The updates are expected to include a new standard for non-instructed advocacy, as well as a pilot of opt-out advocacy in residential settings later this year. These changes could help improve access to advocacy and ensure more children and young people are listened to when decisions are made about their lives.
The Department has not yet published the full details of the revised Standards, so we’ll be watching closely and sharing further updates once they’re available.
A recent Supreme Court judgment has changed the legal test used to determine whether a person who lacks mental capacity is being deprived of their liberty.
The new approach looks at the individual’s circumstances rather than relying on a single legal test. While the full impact is still being understood, the changes are expected to affect how deprivation of liberty is assessed for many disabled people aged 16 and over. Further guidance from the Department of Health and Social Care is expected.
New research published in the British Journal of Social Work reinforces the positive impact advocacy has for children with care experience. The review found that advocacy helps children and young people better understand decisions, build confidence and challenge decisions that affect them.
However, it also highlights that advocacy is most effective when organisations are committed to acting on children’s views, showing that good advocacy must be matched by systems that are ready to listen.