Chamber and committees

Section 259(5) of the Mental Health (Care and Treatment) (Scotland) Act 2003 identifies that every person with a mental disorder (as defined under section 328) has a right to access independent advocacy services. This includes children.

The funding of independent advocacy services is the responsibility of local authorities and the NHS. Since 2005-06 overall funding for local authorities has included £13 million per year to help them implement the act, of which advocacy is an important part. Similarly, £5 million per year has been made available to NHS boards to help them deliver the act.

There are a significant number of children who fall outwith the scope of the Mental Health (Care and Treatment) (Scotland) Act 2003 but who still require some form of advocacy support. In September of last year, the Scottish Government established the National Steering Group on Advocacy Support for Children and Young People. The Steering Group is currently working to develop a set of core principles and standards to be applied whenever advocacy support is being provided to children and young people.

Central to Getting it right for every child is the need to listen to the child’s views and to involve children and young people at all stages where appropriate and especially in planning and decision making that affects them. The approach encourages all practitioners working with children and families to ensure that these views are obtained, listened to and taken into account. Under the Mental Health (Care and Treatment) (Scotland) Act 2003, independent advocacy will have a role to play where certain children and young people require advocacy support.

Under the Mental Health (Care and Treatment) (Scotland) Act 2003, the provision of independent advocacy is the responsibility of individual local authorities and the NHS. The Scottish Government does not hold information regarding the funding split within any particular local authority or health board in terms of amounts spent on such services specifically for children and young people.

Significant resources were given to local government and health boards as part of the implementation of the 2003 act, and since 2004 there has been £18 million in the system to implement the 2003 act, of which advocacy support for both children and adults is an important part.

Participation of children and young people in learning and the life of the school is an important part of the new curriculum.

For some children, the provision of advocacy services will be necessary in order to support their participation. Independent advocacy provision has an important role to play, particularly given the right of certain children and young people to access such services under the Mental Health (Care & Treatment) (Scotland) Act 2003.

The term “independent advocacy” is defined under section 259(5) of the Mental Health (Care and Treatment) (Scotland) Act 2003.

The act identifies that every person with a mental disorder (as defined under section 328) has a right to access advocacy services which must be provided by persons other than a local authority or a health board responsible for providing services in the area where the patient is to receive care or treatment, or a member of those bodies or any other person involved in their care treatment or in providing services to them. The act also identifies the need for independent advocacy organisations to have policies in place to identify and manage/minimise the risk of any conflict of interest.

The act’s code of practice makes clear that independent advocacy must be divorced from the interests of those persons concerned with a patient’s care and welfare. In order to achieve this, the code goes on to identify that “independent advocacy should be provided by an organisation whose sole role is independent advocacy or whose other tasks either complement, or do not conflict with, the provision of independent advocacy. If the independent advocacy service or advocate has a conflict of interest, they should inform all relevant parties of this, and should withdraw from acting for the patient.”

The National Steering Group on Advocacy Support for Children and Young People was established in September 2010. The group has initially been tasked with developing a set of principles and standards, commissioning guidance and evaluation resources for use whenever advocacy support is being provided to children and young people.

To date, the steering group’s focus has been on the development of principles and standards and guidance for commissioners. Once finalised, it is intended that these resources will complement the range of other guidance available to those involved in delivering advocacy support for children and young people.

The steering group is next scheduled to meet on 24 August. It remains the intention to publicly consult on both the principles and standards and the commissioning guidance later this year.

The Scottish Government would expect an RSL to consult extensively with residents on proposals that affect their homes and that a high level of support is demonstrated. We would also expect the RSL to work closely with the local authority and ensure that any proposals being brought forward are subject to a detailed options appraisal and value for money assessment. Ultimately, however, an RSL cannot demolish a scheme of mixed tenure housing without the agreement of the other owners or unless it can secure full ownership of all the properties involved and gain the necessary statutory consents from the local authority.

Owners will only be liable for costs in relation to their own property. Local authorities have flexibility to offer assistance under their compensation and scheme of assistance powers which can include practical information and advice as well as potentially financial assistance.

The information requested is not held centrally. There is no requirement for local authorities to inform the Scottish Government if they have designated an area as a housing renewal area.

Only houses that:

ought to be closed or demolished under the Housing (Scotland) Act 1987 because they fail the tolerable standard or are obstructive;

are classed as dangerous under the Building (Scotland) Act 2003, or

are in a state of serious disrepair and ought to be demolished under the Housing (Scotland) Act 2006;

can be demolished under a Housing Renewal Area action plan.