NAS is today launching an essential booklet setting out the vital role of the Independent Advocate in Assisted Decision-Making (ADM)-related advocacy work. The booklet entitled, ‘Information about the work of the NAS Advocate and the Assisted Decision-Making (Capacity) Act’, aims to deliver useful clarity for professionals working on ADM-related cases about the unique role an independent Advocate can play in supporting their work. It provides explanations and definitions on Independent Advocacy, details on the role of the NAS Advocate in relation to court applications, and how to work collaboratively with legal, health and social care professionals.
In light of the booklet launch, His Honour Judge John O’Connor of the Circuit Court underlined the importance of independent advocacy within the judicial system:
“It is through the human voice that dignity is affirmed, participation is realised, and justice acquires its essential human dimension. The Advocate’s role is to ensure that the individual’s will and preferences are not lost within the legal process, but are clearly expressed, carefully heard and properly respected. In that way, Advocates help to make participation in the justice system real, meaningful and humane.”
The ADM (Capacity) Act 2015 repealed the Ward of Court System (Lunacy Act of 1871) on 26 April 2023, to recognise a person’s right to make their own decisions. Crucially, it provides a statutory framework for individuals to make legally binding agreements to be assisted and supported by a person of their choosing. If a person is deemed to lack the capacity to appoint a person of their choice, the court can appoint a decision-making representative to support them in making decisions about their own personal welfare, property and affairs.
Patsy Fitzsimons, Head of Complaints and Investigations at The Decision Support Services said of the NAS ADM booklet: “Congratulations to the National Advocacy Service on the launch of the NAS ADM booklet which provides clear and concise information about the role of the NAS Advocate. It is a most useful resource for anyone who wishes to understand how the service operates to empower and support people with disabilities in line with the Assisted Decision-Making (Capacity) Act 2015”.
The importance of Independent Advocacy relating to the Act was reiterated by Caoimhe Gleeson, General Manager at The HSE National Office for Human Rights and Equality Policy: “The Assisted Decision-Making (Capacity) Act 2015 represents a significant shift towards a rights-based approach to decision making that recognises and supports a person’s will and preference. Independent advocacy plays a vital role in ensuring that individuals are enabled to understand their rights and participate as fully as possible in decisions that affect their lives. Independent advocacy is often essential in ensuring that the voice of the person is heard in legal proceedings especially where the person is non-speaking or communicates differently. This booklet provides accessible information about the role of independent advocacy in relation to the Act. It clearly sets out how advocates can assist people to engage effectively in processes related to the Act and uphold their rights.
As we progress our understanding and implementation of the ADM, it is vital to strengthen our knowledge around the important and distinct contribution that independent advocacy can make alongside other professions who support people through the Act and to better engage those working within the ADM sphere.
Eleanor Leane, Assistant Director of Civil Operations at the Legal Aid board said of the publication of this booklet: “The Legal Aid Board warmly welcomes the publication of this important booklet by the National Advocacy Service. The Assisted Decision-Making (Capacity) Act 2015 represents a significant rights-based approach to supporting people to make decisions about their lives, and it is essential that individuals understand the supports available to them.
This booklet provides clear and accessible information on the valuable role of independent advocacy in helping people to have their voices, will and preferences heard throughout decision-making processes and, where necessary, in court proceedings. The Legal Aid Board recognises the important contribution of the National Advocacy Service in supporting access to justice and promoting the rights, dignity and autonomy of people with disabilities.
We look forward to continuing our work alongside and with the National Advocacy Service and other stakeholders to ensure that people who require support under the Assisted Decision-Making framework can access the information, advocacy and legal services they need.”
Independent advocacy can support the realisation of rights under Article 12 of the UNCRPD, ‘Equal recognition before the law’ and Article 13 ‘Access to Justice’. The importance of this was further emphasised by Dr. Joanna Ralston Barrister at Law: “Great to see the launch of this booklet by NAS given the fundamental importance of ensuring that all persons involved in court applications concerning an individual’s capacity fully understand the precise role of the advocate in that process and the central role the individual’s express will and preferences plays in that process. This booklet provides a clear picture of the role of the advocate in supporting an individual with a disability to ensure that their voice is heard.”
Advocacy is not about making decisions for people. Advocates do not assess people for court, nor do Advocates replace the role of other professionals. Equally, Advocates do not provide legal advice. Instead, an Advocate’s role is to ensure that the person’s own voice, will and preferences remain at the fore of all proceedings and decisions to be made. Independent advocacy is entirely person-led. Advocates work alongside individuals to support them to access information, understand their rights, express and communicate their will and preferences, and to have their rights, wishes and choices heard and respected.
Joanne Condon, NAS National Manager underlined this point: “We must acknowledge that the person is the expert in their own life. NAS Advocates often support the person to relay their own stories to the court from their own perspective. Understanding the unique role independent advocacy can play alongside other professions is critical to fostering good relationships and ensuring best possible outcomes for the person. We hope that the new booklet will provide greater clarity about the valued role of the NAS Advocate.”