Forth Valley Advocacy
Eligibility Criteria for professional independent advocacy offering an issues-led, outcomesfocused, approach
The eligibility criteria to access our service is for people over the age of 16 with:
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A Learning Disability
A Mental Health problem
Autism
An Acquired Brain Injury
Dementia
Also for people:
 Over 65 years of age
 Considered a Vulnerable Adult deemed at risk of harm
 Under 16 years of age who are under a section
AND WHO HAVE
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A specific issue affecting their life and circumstances requiring health, social care or
legal interventions in relation to health and social care
Please note we have volunteer advocates who can support clients if their issue is not related to health
or social care.
To apply the eligibility criteria we prioritise to people who are:
Mental Health (Care and Treatment) (Scotland) Act 2003
 in hospital and under legislation (Section 44 / CTO Application Compulsion order and
or Treatment order Court Sections 52a and 52b)
 in the community under CTO
 in hospital and have a learning disability/difficulty, mental health issue, an acquired
brain injury or dementia and have specific issues requiring health, social care or legal
interventions in relation to health and social care.
 living in the community and have a learning disability/difficulty, mental health issue,
an acquired brain injury or dementia and have specific issues requiring health, social
care or legal interventions in relation to health and social care.
 under the age of 16 subject to action under the Act
NB – adults do not have to be sectioned to access our service
Adults with Incapacity Act 2000
 over 16 and are under or being considered for Guardianship
Adult Support and Protection Act 2007
 considered at risk of harm
The Children’s Hearing (Scotland) Act 2011
 going through the Children’s Hearing System, are over 16 and have a learning
disability/difficulty, mental health issue, autism, an acquired brain injury or dementia
Current Date: July 2015
Review Date: Jan 2016
Issues we prioritise:
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Compulsory Treatment Orders (Including Community CTO)
Mental Health Tribunals
ASP case conferences
AWI case conferences
Care home closures
Care Programme Approach meeting
Care Plan Support
Support to attend meetings with professionals
What comes under ‘Acquired Brain Injury’?
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Traumatic Brain Injury
Stroke
Brain Tumour
Encephalitis
Brain haemorrhage
Aneurysm
Hypoxic/anoxic Brain injury
FAQ’s
Do you have to be under a section to get advocacy?
No you do not because anyone who has a learning disability/difficulty, mental health issue,
an acquired brain injury or dementia has a right to advocacy.
What issues do you support with?
Our paid advocates help with issues about:
 health – for example help with care plans or whilst in hospital
 social care - for example help to look at options for care provision or to find out
about direct payments/self-directed support
 legal intervention – for example help to understand rights and options whilst under a
section, when a guardianship order is being considered or when there are concerns
about an adult at risk of harm
Our unpaid advocates can help with a broader range of issues
What won’t you support with?
We always try to help where we can and have an excellent team of trained and competent
staff and volunteers so if in doubt ask us and we’ll see what we can do. If we can’t help
we will try to find services that can.
The only thing we really can’t help with at the moment is filling out benefit forms or
supporting people at court if they have been accused of a crime.
Will you take a referral without the client’s permission?
Absolutely not, it is their choice whether or not to have advocacy involved. The only
exception is if the person does not have the capacity to make this decision and even then
if they do not wish to engage with us we will not force them to.
Current Date: July 2015
Review Date: Jan 2016