There are several relevant pieces of legislation mentioning or giving a right of access to advocacy. These are:
- Mental Health (Care & Treatment) (Scotland) Act 2003
- Adults with Incapacity (Scotland) Act 2000 as amended by the Adult Support and Protection (Scotland) Act 2007
- Adult Support and Protection (Scotland) Act 2007
- Education (Additional Support for Learning) (Scotland) Act 2004
- Patient Rights (Scotland) Act 2011
- Social Care (Self-directed Support) (Scotland) Act 2013
In addition to legislation there are a number of Government policies which are relevant to independent advocacy in Scotland.
National Care Standards: Standard 19
You have access to other agencies and services, such as advocacy, that can support you in making your needs and preferences known. They can, with your permission, represent you and give your views. Information on these services is provided in a way you can understand. Read more.
The keys to life. Improving quality of life for people with learning disabilities (2013)
The same as you? said that the then Scottish Executive should encourage the development of local independent advocacy services. While some funding was offered and some people did get access to advocates, provision is still patchy across Scotland. Not everyone will need or want an advocate but, as the Joint Committee on Human Rights report on the human rights of adults with learning disabilities highlighted, it is of particular value to people with profound and multiple disabilities. Read the Strategy
Road to Recovery. The Scottish Government Drug Strategy (2008)
The Government will set in train a number of actions to achieve a shared understanding of how to promote and support recovery, including the following: build the capacity of advocacy services, to help service users choose the treatment that is right for them. Read the strategy.
Caring Together: The Carers’ Strategy for Scotland (2010-2015)
Confirms the importance and value of advocacy for carers in their own right and encourages support for the development of carer advocacy. Read the strategy.
Standards of Care for Dementia in Scotland (2011)
Promotes the importance of access to independent advocacy. Read More.