CHCADV001 - Facilitate the interests and rights of clients

Advocacy What is advocacy?

What is Advocacy? Advocacy is a social justice principle that addresses fundamental issues such as: Access to opportunity Access to services Disempowerment Disadvantage Exclusion Fairness Human rights Justice Racism

What is an Advocate? When standing up for the rights of another person you are ‘advocating’ for them. Therefore, an advocate is a person who speaks, argues or stands up for the needs, rights and opinions of another.

When looking at client rights and advocacy we need to consider: the need for advocacy the meaning of ‘rights’ including human, moral and legal being aware of ‘rights’ in community services your responsibilities, as well as individual needs and wants.

Although we are all equal, some sectors of our population are much more vulnerable than others. This group might include, for example, people with intellectual, mental health or physical disabilities, people with poor literacy or numeracy skills, older people and children. As a result, some sectors of society have a greater need for advocacy than others

It is important that you also remember that not all people need or want another person to represent them

CLIENT’S RIGHTS The right to freedom of choice The right to be treated with respect and courtesy The right to be informed and consulted about a range of services The right to an advocate The right to privacy and confidentiality The right to make a complaint Personal safety and security

Client’s Rights Freedom of choice Access to services and information about those services Personal safety and security Access to rights, protection and legal remedies

Client’s Rights As a social educator you need to help clients identify their needs and determine if their rights are being upheld, that is their; Physical needs Medical/health needs Emotional needs Social needs Spiritual needs Financial needs and Cultural needs Sexual needs

Have you ever had to advocate for someone, client, relative or friend? Examples of advocacy Have you ever had to advocate for someone, client, relative or friend? What did you do?

Denial of service/entitlement – eg. Housing, Centrelink Discrimination Examples of Case Advocacy Issues (Hepworth & Larsen 1993 p504 in Weber, 2006) Denial of service/entitlement – eg. Housing, Centrelink Discrimination Unable to act effectively on own behalf – eg. Institutionalised in homes/prisons Denial of civil/legal rights – eg. Unlawful detention of juvenile; illegal eviction Adverse impact of organisation procedures/facilities Immediate crisis needs

Types of Advocacy Self advocacy – relates to the ability of an individual to advocate for themselves as opposed to representative advocacy Representative advocacy is where a family member, friend or you as the disability worker directly advocates for the client Representative advocacy by organisations may include systems advocacy (or systemic advocacy) where change is sought on an issue or a range of issues by lobbying for change, campaigning during an election or by taking legal action.

Types of Advocacy Systems advocacy is based on bringing about a change to policies, community attitudes and the law Can occur at the local, state and national level May involve collaborative advocacy where organisations who represent people with a diverse range of disabilities can come together and advocate collaboratively Examples include: Associations of carers Family support groups Chronic disease alliances Palliative care Associations

WHY??? What Advocacy Is NOT Mediation or conciliation Counselling or therapy Providing a program or service Interpreting WHY???

Advocacy Services Aim Increase control over given service Overcome barriers Protect human rights Ensure a better quality of life Be responsive to and emphasise individual needs and wishes Aim to empower Challenge stereotypes and stigmas

Principles of advocacy Client Direction in terms of advocacy requirements. Conflict Management which require the avoidance of confrontational approaches as much as possible Confidentiality when dealing with client issues Cultural Sensitivity in terms of client needs Duty of Care to advocate in ways that will not create harm or disadvantage to the client or others where a duty of care applies

Principles of advocacy Empowerment to increase the power and control of clients over their lives Needs Based in terms of providing services according to need Partisanship in terms of being on side with the clients and not to act as ‘neutral umpires’ or mediators Independent in terms of focusing solely on the rights and interests of the client without a conflict of interest

Determining ability to advocate for self Should assess: Ability to communicate: Some people may have complex communication needs and rely on augmentative and alternative devices to communicate which may place limitations on their self advocacy skills. Impact of their disability related condition: Some people with a disability will be unable to self advocate because of their disability related condition Willingness to advocate: Self advocacy relies on individuals who are prepared to stand up for their rights and to identify their needs

The steps involved in determining self-advocacy ability include: Consultation with client. Obtain consent from client/guardian for support to be given. Consultation with all interested parties. Understanding your duty of care. Considering client competence and capacity. Outcome – determining a balance of advocacy.

When you consult with your client you need to follow these steps: Listen to their story and understand their issue. Repeat the story back to your client to make sure you understand it. Understand the essential elements in the story. This will include the needs and wants of your client. Determine how much information your client has or how much more information they will need to get. Discuss different methods or courses of action that could be used to solve their issue. Discuss with your client the outcomes they expect in relation to their story or issue.

Stages in representative advocacy Preparation You should discuss and prepare strategies on outcomes being sought by the client Advocating the issue Involves speaking, acting or writing on behalf of the individual to another person or group. What comprises the nature of the advocacy will depend on the circumstances and your knowledge and skills of advocacy Monitoring progress and outcomes You should monitor your progress and keep records of all meetings, telephone calls, and written communication and follow through on your advocacy strategies and agreed outcomes

Ensure confidentiality The client will expect that any personal information that is conveyed to you in writing or verbally as a part of your advocacy role stays private and secure As you are aware, the right to privacy is based on international, Commonwealth and state laws

Discussion of progress and outcomes You should explain all discussions that occurred and reasons for the decisions that were made If a satisfactory outcome was achieved you should check that the outcome is being implemented satisfactorily If the advocacy proved to be unsatisfactory then options to proceed or not to proceed need to be made by the client

Advocate for clients In summary client advocacy involves: An assessment which indicates that the client may or may not require advocacy support Raising issues with the most appropriate person/people in a way that upholds the rights and supports reasonable expectations of the client Initiating and implementing strategies for addressing individual needs in consultation with appropriate personnel

Why is it important to be an advocate for people with disabilities? Final Discussion Why is it important to be an advocate for people with disabilities?

Advocacy Services (in NSW) MDAA – Multicultural Disability Advocacy Association Residential Aged Care Advocacy Services Program Self Advocacy Sydney (SAS) The Aged Care Rights Service Office of Protective Commissioner Guardianship Tribunal Complaints Unit of the Health Department Grey Power Ethnic Affairs Council