Statutory Advocacy

At Solihull Action through Advocacy (SAtA), we provide Statutory Advocacy services for young people and adults who have a learning disability or autism. Our advocates are independent ensuring that your voice is heard and your rights are upheld when important decisions are being made about your life.

Statutory Advocacy means that by law, some people must be supported by an independent advocate in specific situations. These rights are protected under the Mental Capacity Act, the Care Act, and the Mental Health Act.

Why Independent Advocacy Matters

Advocacy ensures that:

  • Your views, wishes and rights are respected

  • You are included in decisions about your care and treatment

  • You receive clear information and support to be heard

At SAtA, our advocates work only for you — we are independent, confidential and free of charge for those who qualify.

Who Can Access Statutory Advocacy

Our Statutory Advocacy Service is for people who:

  • Have a learning disability or autism

  • Are eligible under specific legislation (see below)

  • Need help understanding or taking part in decisions about their care, support, or treatment

For most types of statutory advocacy, a professional referral is required. This includes referrals from:

  • Social workers

  • Health professionals

  • Care managers

  • Hospital staff

If you think you might be entitled to advocacy, you can ask a professional involved in your care to refer you.
You can also contact us if you need advice about eligibility or the referral process.

For NHS Complaints Advocacy, you can self-refer directly.

Types of Statutory Advocacy We Provide

Care Act Advocacy

Under the Care Act 2014, you have the right to an advocate if you find it hard to:

  • Understand information

  • Retain information

  • Use or weigh up information

  • Communicate your views, wishes, or feelings

A Care Act Advocate must be provided if the person is:

• An adult who needs care and support.

• A carer of an adult.

• A carer of a young person who is about to start using adult services.

• A young person who is about to start using adult services.

You may be entitled to advocacy support during:

  • Care needs assessments

  • Care planning or reviews

  • Safeguarding enquiries

Eligibility: You must live in Solihull, have substantial difficulty taking part and have no appropriate family member or friend to support you.

Referrals must be made by a Care Act professional (such as a social worker).

IMCA – Independent Mental Capacity Advocate

An IMCA supports people who have been assessed as lacking capacity to make specific decisions about:

  • Serious medical treatment, or

  • Change of accommodation (hospital or care home moves)

Eligibility:

  • The person must lack mental capacity for the decision

  • There must be no family or friend who can be consulted

  • Serious Medical Treatment

Referrals must be made by a health or social care professional.

IMCA DoLS – Deprivation of Liberty Safeguards

An IMCA (DoLS) represents people who are, or may be, deprived of their liberty under the Mental Capacity Act (Deprivation of Liberty Safeguards).

Eligibility:

  • The person must lack capacity to consent to care or treatment arrangements

  • They are, or may be, deprived of liberty in a care home or hospital

  • Long term moves (more than 28 days in hospital or more than 8 weeks in a care home)

  • Deprivation of Liberty Safeguards (DoLS) In addition, the Local authority or NHS decision maker can refer any individual that lacks capacity to make a decision about :

  • Care Review (where there are no ‘appropriate’ family or friends)

  • Safeguarding referral (where the person is either the victim or the alleged perpetrator, regardless of family or friend involvement.)

Referrals must come from the Supervisory Body (usually the local authority).

IMHA – Independent Mental Health Advocate

An IMHA supports people detained or treated under the Mental Health Act 1983.

IMHAs help people understand their rights and take part in decisions about their care and treatment.

Eligibility:

  • Detained under certain sections of the Mental Health Act 1983 (other than sections 4, 5 (2), 5(4), 135 or 136)

  • On a Community Treatment Order (CTO) or Guardianship

  • Detained in Solihull

  • A conditionally discharged restricted patient

  • Being considered for or receiving treatment under s.57

  • Under 18 and being considered for electro-convulsive therapy or any other treatment to which section 58A applies

Referrals can be made by:

  • Ward staff

  • Social workers

  • Approved Mental Health Professionals (AMHPs)

  • Individuals receiving treatment can self-refer

  • The individual's friends/family

NHS Complaints Advocacy

If you want to make a complaint about NHS care or treatment, we can support you through the NHS Complaints Advocacy Service.

Our advocates can help you to:

  • Understand the complaints process

  • Draft letters and prepare your statement

  • Attend meetings to express your concerns

Eligibility:

  • Anyone who has received NHS-funded care

  • You can self-refer directly to this service