The Scottish Independent Advocacy Alliance (SIAA) has released a significant position paper addressing the crucial relationship between data sharing practices and the independence of advocacy organisations across Scotland. The paper, titled ‘Sensible Sharing: Safeguarding Scottish Advocacy Independence Through Data Sharing Best Practices‘ highlights growing concerns that monitoring requirements from commissioners and funders may be compromising the essential independence of advocacy services.
Understanding Independent Advocacy in Scotland
Independent advocacy serves a vital function in Scottish society, focusing on speaking up with and standing alongside individuals or groups who face barriers to having their voices heard. At its core, advocacy aims to address power imbalances and ensure that individual human rights are recognised and secured.
The SIAA emphasises that independent advocacy comprises three key components:
- Structural independence: Organisational separation from service providers
- Financial independence: Funding arrangements that don’t compromise advocacy
- Psychological independence: The ability of advocates to build trust, minimise conflicts of interest, and maintain a person-centred approach
These components are fundamental to ensuring high-quality advocacy that remains truly independent and effective. The paper outlines the legal context for independent advocacy in Scotland:
- The Mental Health (Care & Treatment) Act 2003 provides broad rights to independent advocacy
- Seven Scottish laws mention independent advocacy, with two additional child-related laws awaiting implementation
- International human rights laws (UNCRPD and UNCRC) emphasise participation rights that advocacy helps fulfil
Health and Social Care Partnerships (HSCPs) have a legal duty under the 2003 Act “to secure the availability, to persons in its area who have a mental disorder, of independent advocacy services and to take appropriate steps to ensure that those persons have the opportunity of making use of those services.”
The Current Context: Increasing Demand, Reduced Resources
The position paper identifies several concerning trends affecting independent advocacy services:
- Increased referrals to advocacy services alongside static or reduced funding
- Growing complexity of cases requiring more advocacy worker time
- Significant increases in mental health detentions, welfare guardianships, and reported mental health conditions
- Only 5% of people with legal rights to independent advocacy can actually access it
Notably, recent statistics show that welfare guardianships have doubled in the last decade, while the percentage of people reporting mental health conditions increased from 4.4% in 2011 to 11.3% in 2022—the largest increase across all health condition types reported in Scotland’s 2022 Census.
The Data Sharing Challenge
A central concern addressed in the paper is how data sharing requirements can undermine the independence of advocacy services. The SIAA reports that members are increasingly being asked to provide output-focused data including:
- Travel time details
- Time spent with advocacy partners
- Identifiable information about advocacy partners (location, initials, relevant legislation)
The paper argues that such detailed operational information does not necessarily contribute to a meaningful understanding of independent advocacy quality. More concerning is that these requirements can negatively affect psychological independence, potentially compromising independent advocates’ ability to effectively represent the people they support.
The SIAA position is clear: “When data sharing requests from a commissioner or funder jeopardise the independence of an independent advocacy organisation, these requests effectively undermine the commissioning of independent advocacy.”
The Value of Independent Advocacy
Despite these challenges, the paper highlights the significant value that independent advocacy provides when properly funded:
- Research shows £1 spent on independent advocacy services saves approximately £7 to the NHS and £5 to local authorities
- Independent advocacy enables individuals to navigate complex systems more effectively
- It enhances self-advocacy skills and confidence
- It improves access to communities while addressing barriers to rights
Recommendations for Best Practice
The SIAA offers three key recommendations for HSCPs:
- Ensure up-to-date strategic advocacy plans that fulfil duties under the 2003 Act to secure availability of independent advocacy services for those with a right of access.
- Utilise the SIAA Outcomes Framework to build understanding and properly commission independent advocacy services.
- Work collaboratively with local advocacy organisations to ensure monitoring activities do not impact independence while providing necessary information to understand and improve service quality.
Balancing Accountability and Independence
The paper acknowledges the importance of evaluation and data sharing in funding and commissioning decisions. However, it emphasises that monitoring should focus on meaningful quality measures rather than operational details that could compromise independence.
The SIAA has developed an Outcomes Framework toolkit to support advocacy organisations, their funders, and commissioners in understanding how to effectively monitor advocacy services without compromising independence.
Ultimately, the position paper calls for a balanced approach that respects both the need for accountability and the essential independence that makes advocacy effective in supporting vulnerable individuals across Scotland.
