Table - Appendix 1: Legislative Framework and Guidance relating to Provision of Children's Independent Advocacy

Category of Children Legislation Public Body Guidance (Local and Central)
Children in receipt of health services who wish to make a complaint Advocacy first given statutory basis through National Health Service Act 2006 (131); superseded by provisions in the Health and Social Care Act 2012 (132) (amended Local Government and Public Involvement in Health Act 2007)(133) This duty transferred to local authorities in April 2013  
Children in receipt of social care services (LAC CiN and Care Leavers) who wish to make a representation (including a complaint) of some kind about the Children's Services they are receiving Adoption and Children Act 2002 (134); (amended Children Act 1989)(135) and The Advocacy Services and Representations Procedure (Children) (Amendment) Regulations 2004 Local authority has duty to make arrangements for advocacy provision

Children in receipt of social care services (LAC CiN and Care Leavers) who wish to make a representation (including a complaint) of some kind about the Children's Services they are receiving Adoption and Children Act 2002;134 (amended Children Act 1989)135 and The Advocacy Services and Representations Procedure (Children) (Amendment) Regulations 2004 Local authority has duty to make arrangements for advocacy provision The Bracknell Forest CSC Complaints Procedure. The Children Act 1989 specifies that advocacy should be available for those making representations including complaints. The BF CSC Complaints procedure has clarified and replaced the term representations to cover Complaints, Compliments and Concerns.

Complaint – A complaint may generally be defined as an expression of dissatisfaction or disquiet, in relation to an individual child or young person, which requires an investigation and response.

Concern – On a daily basis there are many instances where minor concerns can be addressed without further recourse to the complaints procedure. These are generally handled locally within the team, and resolved within a short space of time.

Compliment – The procedure acknowledges that those in receipt of a service should be able to express their views with regards to the service they receive, or the establishment they live in, without having this framed as a complaint.

Thus within the local policy guidance representations include concerns.

Guidance issued under section 7 of the Local Authority Social Services Act 1970, Providing Effective Advocacy Services for Children and Young People Making a Complaint under the Children Act 1989 sets out local authority duties in making arrangements for the provision of advocacy services for children and young people making or intending to make representations under sections 24D and 26 of the Children Act 1989. While it is anticipated that this procedure is for children and young people making or intending to make a complaint, it covers representations which are not complaints. For example, children and young people should be able to secure the support of an advocate in putting forward representations for a change to be made in the service they receive, or the establishment they live in, without this having to be framed first as a specific complaint.

Department for Education (2010). The Children Act 1989 Guidance and Regulations, Volume 3: Planning Transition to Adulthood for Care Leavers, paras 2.14 – 2.15.

  • Advocacy may be particularly important when children's services are deciding whether a young person is ready to move from their care placement; and
  • Young people may frequently require independent support to enable them to put their view across and express their wishes and feelings about the future help they think they will need so they can reach their potential.
Children Looked After whose care and progress is being reviewed Adoption and Children Act 2002 (136); (amended Children Act) (137) and The Care Planning, Placement and Case Review (England) Regulations 2010 (138)

The IRO must ensure looked after children have been informed of their right to bring proceedings under the Children Act 1989 (e.g. in relation to placements, contact with parents and siblings or discharge of a care order) and their right to make a epresentation (including a complaint). When a looked after child wishes to bring proceedings under the Children Act 1989, the IRO must support the child to obtain legal advice, or identify another appropriate adult to support the child.

 As above.
Children and young people in England who are detained under the Mental Health Act or are being considered for Electro Convulsive Therapy Mental Health Act 2007 (143) (amended Mental Health Act 1983) (144) This duty transferred to local authorities in April 2013.  
16 and 17 year-olds who lack mental capacity Mental Capacity Act 2005; (145) and The Mental Capacity Act 2005 (Independent Mental Capacity Advocates)(General) Regulations 2006 This duty transferred to local authorities in April 2013.  
Children in CP process No legal right to an advocate  

Page 9-11 Working Together to Safeguard Children 2015

Effective safeguarding systems are child centred. Failings in safeguarding systems are too often the result of losing sight of the needs and views of the children within them, or placing the interests of adults ahead of the needs of children.

Children are clear what they want from an effective safeguarding system and this:

  • Respect: to be respected, their views to be heard;
  • Information and engagement: to be informed about and involved in procedures, decisions, concerns and plans;
  • Advocacy: to be provided with advocacy to assist them in putting forward their views.
Children sentenced in secure training centres

Have a legal right to an advocate under youth justice rules.

Secure Training Centre Rules (1998)

Youth Justice Board Commission from Barnardos