Clear definition of type of assistance
Introduction
This note sets out what types of assistance are covered by the framework, including by
clarifying what is not covered.
Contents
Clear definition of type of assistance ..................................................................................... 1
Introduction ....................................................................................................................... 1
List of contents ................................................................... Error! Bookmark not defined.
Definition of types of assistance ........................................................................................ 1
Purpose ......................................................................................................................... 1
Benefits .......................................................................................................................... 1
Limitations...................................................................................................................... 2
Definitions of types of assistance ................................................................................... 2
Defining Information and Advice .................................................................................... 2
Type I - Active Information, Sign-posting and Explanation ............................................. 2
Type II - Casework ......................................................................................................... 2
Type III - Advocacy, Representation and Mediation at Tribunal or Court Action Level .... 3
What is not covered by the framework? ......................................................................... 3
Further support .............................................................................................................. 3
Date of last revision ....................................................................................................... 3
Definition of types of assistance
Purpose
The framework focuses on advice and representation. This note provides a definition of the
different types of assistance that make up advice and representation.
Benefits
Using a consistent definition of types of assistance will help all those involved in planning,
funding and delivering advice services by giving a common basis for understanding what
kind of services or projects are already in place, or planned to be in place.
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The definitions set out below will help to ensure that confusion does not arise over the scope
of projects or services, when they are being planned, funded or delivered.
Limitations
This note does not set out a definition of the kinds of problems being addressed by advice
services, or give specific definitions for all areas of law covered by the framework.
Definitions of types of assistance
The Scottish National Standards for Information and Advice Providers gives definitions for
categories or types of assistance1, which are reproduced below.
Defining Information and Advice
Advice is likely to comprise some or all of the following components:
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Listening to clients
Diagnosing the problem
Giving information
Advising on the options available
Taking action on behalf of clients
Negotiating on their behalf
Representing clients' cases at tribunals and courts
Referral where appropriate and
Enabling or empowering the individual to take informed action on their own behalf
These activities have been broken down into three principal categories or Types of
intervention:
Type I - Active Information, Sign-posting and Explanation
This work refers to activities such as providing information either orally or in writing, signposting or referring the user to other available resources or services, and the explanation of
technical terms or clarification of an official document, such as a tenancy agreement or a
possession order.
We make a distinction between the passive provision of information through the availability
of leaflets, for example, in public places, libraries and so on, and active provision of
information through providing assistance to the individual seeking assistance. These
Standards are aimed at 'active' providers.
Type II - Casework
Initially this work will include:
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A diagnostic interview where the problem and all relevant issues are identified and
Making a judgement as to whether the individual has a case that can be pursued
Once it has been established that the individual has a case that can be pursued, activities
may include:
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Setting out an individual's options or courses of action
http://www.scotland.gov.uk/Publications/2009/10/05094022/1 accessed on 17 December 2014
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Encouraging the user to take action on their own behalf
Providing practical aid with letters or forms
Negotiating with third parties on the user's behalf
Introducing the enquirer by referral to another source of help and
Support to users in making their own case
Type III - Advocacy2, Representation and Mediation at Tribunal or Court Action Level
This work includes a range of further actions arising from the casework undertaken above.
This may have been undertaken by the adviser preparing the tertiary work or may have
come to the adviser by referral from another organisation or adviser.
The principal activities may include:
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Advocacy and Representation - where the adviser may prepare a case for the user
and represent or speak on their behalf at a tribunal or court
Mediation - where the adviser may act on behalf of the user by seeking to mediate
between the user and a third party
Type III work includes some activities that can only be undertaken by a lawyer.
What is not covered by the framework?
The framework does not cover, for example, advice on health, parenting, advice to
businesses or criminal legal assistance.
The framework does not cover advocacy, where this means speaking up for someone but
not suggesting a course of action. The Scottish Independent Advocacy Alliance sets out a
useful definition of what advocacy is and isn’t.
Further support
If you wish to find out more about definitions of types of assistance and if the framework is
applicable to your work, please contact any of the following people who will be happy to
help:
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John Osborne, SLAB, 0131 240 1889 osbornejo@slab.org.uk
Date of last revision
17th December 2014
2
Advocacy in this context means the expert presentation of a case in court or at a tribunal.
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