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Protocol for dealing with Advocacy referals for persons affected by                          The Mental Health (Care&Treatment) (Scotland) Act 2003       

This page is designed to clarify the roles and responsibilities of both South Lanarkshire Council and independent advocacy in ensuring patients affected by the Mental Health (Care&Treatment) (Scotland) Act 2003 are dealt with in line with the guiding principals of the Act.

Section 259(1) of the Act states that:
"Every person with a mental disorder shall have the right to access independent advocacy;and accordingly it is the duty of :-
a) each local authority,in collaboration with the (or each) relevant health board;and
b) each Health Board,in collaboration with the (or each) relevant local authority; 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"
Independent Advocacy
As identified in the Code of Practice,independent advocacy might assist a patient to express their needs and thoughts or to present their views.An independent advocate might help the patient in everyday dealings in relation to their health and social care.The independent advocate may speak on the patients behalf in their dealings with,for example their Mental Health Officer,Responsible Medical Officer or members of hospital or community based staff.Independent advocacy can assist patients:
  • To make informed decisions
  • To increase their decision-making capacity by helping the patient to understand the issues being discussed;
  • In communicating their views to others;and
  • In representing the patients interests to enable those to be taken into account in decisions made relating to their care and treatment

For more information, please contact;

The Advocacy Project
Cumbrea House
Carlton Court
Glasgow
G5 9JP

TEL:            0845 076 2262

TEX TEL:    0141 420 0989

E Mail:         enquiries@theadvocacyproject.org.uk

Web:           www.theadvocacyproject.org.uk

SCOTTISH CHARITY SC 037352