The Scottish Independent Advocacy Alliance (SIAA) has published a new evidence paper examining independent advocacy provision in justice settings across Scotland. Based on SIAA membership data analysis and consultations with members, who are all independent advocacy organisations, the paper reveals that access to independent advocacy in justice contexts is determined primarily by funding and commissioning structures rather than by need.
Key Findings
The research identified significant variation in justice-related independent advocacy provision, with referrals ranging from less than 1% to 20% of total organisational caseloads depending on whether dedicated justice funding exists. Currently, only 11 of Scotland’s 17 prisons have independent advocacy provision, and access often depends on individual relationships with justice staff rather than systematic referral pathways.
Where long-term commissioning arrangements are in place, provision is substantial. One organisation commissioned by an NHS Health Board has provided prison-based independent advocacy for 12 years, supporting 500-600 people annually. This demonstrates what becomes possible with stable infrastructure.
Barriers to Provision
The paper identifies two critical barriers. First, commissioning frameworks often inadvertently exclude independent advocacy organisations. Changes to throughcare funding in 2024 resulted in one independent advocacy organisation no longer being eligible to reapply for funding as partnership funding became a requirement, which conflicted with independent advocacy independence principles.
Second, even where contracts exist, access depends heavily on relationships with justice staff. When personnel who understand independent advocacy move on, organisations must rebuild relationships and re-explain their role, creating unstable access despite unchanged contracts.
Implications for the LDAN Bill
The Learning Disability, Autism and Neurodivergence Bill presents an opportunity to address these infrastructure gaps. The Scottish Government identified in their 2023 LDAN Bill consutlation paper that, although more data is needed on people with learning disabilities and neurodivergent people and the justice systems the data that is available suggests these groups are overrepresented in justice systems. The paper recommends establishing dedicated funding streams for justice settings, ensuring commissioning rules support rather than exclude independent advocacy organisations, and creating consistent provision across Scotland.
The evidence also highlights the need to support diverse independent advocacy models. While individual issue-based independent advocacy currently dominates justice settings, collective and citizen advocacy could provide strategic, prevention-focused support that fosters systemic change and community connections.
Supporting Stable Access
To reduce dependence on individual relationships, the paper recommends embedding independent advocacy in operational procedures, including awareness in staff training, and establishing clear access through a right to independent advocacy for people covered by the LDAN Bill. These measures would ensure independent advocacy access is built into system operations rather than dependent on which individuals happen to be in post.
The full evidence paper, The Reach of Rights: Independent Advocacy Provision in Justice Settings, is available on the SIAA website.
For more information, contact SIAA at enquiry@siaa.org.uk
Transparency note: this article was written by SIAA staff and then edited both by using Claude AI and by the SIAA staff team.
