does anyone know why an advocate should be appointed by the local authority as we are deputies for Health and Welfare please
mhm03: does anyone know why an advocate should be... - Mencap
mhm03
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notmyfault2
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Hi mhm03. I am not sure that an advocate should be appointed by the local authority if you are deputies, but I am not surprised that you are in a situation where this is being proposed. I had a similar experience at a time during which we were challenging my daughter's supported living placement and the local authority didn't like what we were saying. My impression was that they wanted as many as possible of their people, or those appointed by them to support their agenda, in the forum and to restrict any representation from family who, after all, only have best knowledge of the vulnerable person. In our case it didn't come to a meeting. If you are not comfortable with this proposed appointment or don't understand the "need" for an external advocate (who will likely have no knowledge or previous contact with your loved one, the person they will be "advocating" for), you have the right to challenge the LA. Get advice from as many quarters as you can - LAs will take advantage of inexperience and ignorance about due process, so be as well-advised as you can. Good luck.
Thank you your reply annd it seems that your experience is very much like ours , we feel under seige . I just wonder what the point of obtaining a health and welfare deputyship for our daughter as it seems the LA seem to have all the big guns .
It’s incredibly disheartening to be honest and feel it is so difficult to keep one’s head above the water. I keep telling myself‘don’t think too hard just keep going) !!
I agree. Please take comfort from the fact that you have been able to secure Health and Welfare deputyship - I have Property and Finances for my daughter but was refused H&W, even after appealing! It makes no sense at all - the system seems geared against those who truly do have our loved ones' interests at heart and who provide so much care at little or no cost to the government. I was told that decisions around my daughter's provision would have to go to a best interests meeting and that the local authority would appoint itself as the decision maker! Ludicrous. I stood my ground and that didn't happen so do please have the courage of your convictions and don't let these arrogant bureaucrats bully you into anything you don't agree with or which feels wrong. Their agenda comes from misguided and corrupt financial motives - yours comes from love. They can't beat that.
What a lovely message thank you for that 😊
I totally agree with Montycat. Excellent advice. Stay strong.
Thank you for taking the time for your reply. Sometimes it all becomes just a little too much. But thank you for your kind words, they mean a great deal .
I guess it depends in what circumstance. The LA sent an advocate whilst we were going through tribunal for educational placement. Funnily enough the advocate reported back that the college was perfect and that our son would benefit greatly. That piece of evidence never made it into the LA’s evidence bundle.
It is important to remember that having Health and Welfare deputyship may not give you authority to make overall decisions on all health and welfare matters. The Court order awarding your deputyship will specify what decisions you can make and this is individual to every deputyship. Quite often the court order specifies that one can make decisions about life preserving medical treatment and decisions about where the person will live for example. Any other decisions not specified, like what they eat or how they spend their day for example, are beyond the deputy's authority but still have to be made in the persons best interest.
Your LA might have appointed an advocate because the matter being decided is outside of the authority granted in your deputyship order.
An advocate went to visit my son, again 4 months after I sent in my Power of Attorney for Health and Finance, who fortunately asked for one of his'nicer' impartial carers sat in with him at his request. The meeting was organised in secret and my son was told it was a nurse coming to visit so he didn't tell me! The whole visit was very weighted to the care provider and when they asked my son, "are you scared of your mum" (this was what the care provider had told the council) he answered "that's bollocks, what sort of a question is that, of course not" she recorded his answer as "no" slight difference!
When she asked if he would like more control over his finances he told her he was happy with how I helped him. She recorded his answer as "I would like more control but my mum would never allow that".
When he asked her what she was writing she told him she was doodling (not the ethos of advocacy) the report was never recited back to him so he knew what she was writing, she said he never asked but why would he when he has an LD and she had told him she was doodling!After 13 weeks if asking his social worker to go review his report with him, the extent of the discrepancies have come to light, as you can imagine I have written a huge complaint, sent it recorded delivery to the 9 trustees of the advocacy service and an investigation is ongoing.
I have no faith that there will be a positive outcome or change in practice because the more posts I read similar to mine I lose all hope!!
