SOJ-HCS-T Independent Advocacy Service (Mental Health & Capacity) Statutory and Non-Statutory Services

Tender description

The States of Jersey is looking to commission a provider(s) to deliver Independent Advocacy (Mental Health & Capacity) Statutory and Non-Statutory Mental Health Services in order to fulfil statutory requirements and provide non-statutory mental health advocacy. Advocacy is taking action to help people say what they want, secure their rights, represent their interests and obtain services they need. Advocates and advocacy schemes work in partnership with the people they support and take their side. Advocacy promotes social inclusion, equality and social justice. Statutory Advocacy The States of Jersey has put in place significant legislative reforms in the mental health and capacity areas. The Mental Health (Jersey) Law 2016 (MHJL) and Capacity and Self Determination (Jersey) Law 2016 (CSDL) both will come into effect on the 1st of October 2018. In order to fulfil the requirements of both laws independent advocacy services are required. Qualifying people who fall under either of these two laws will be offered timely access to a qualified mental health and or capacity advocate. •Independent Capacity Advocacy (ICA) – required under the Capacity and Self-Determination (Jersey) Law 2016 (CSDL) and secondary legislation made thereunder. This will facilitate the provision of independent capacity advocacy to people who lack capacity in those circumstances under the CSDL where an ICA is required to be either nominated or instructed. •Independent Mental Health Advocacy (IMHA) – required under the Mental Health (Jersey) Law 2016 (MHJL) and secondary legislation made thereunder. This will facilitate the provision of independent mental health advocacy to those people who are detainable under the MHJL, in order to assist them in understanding the application of the Law in their case and to safeguard their rights. Under statutory advocacy qualifying individuals will be offered prompt support from suitably qualified trained Independent Capacity Advocate (ICA) and Independent Mental Health Advocate (IMHA) to support them should they require it. However, some people can have substantial difficulty in being involved in the process of deciding on their care and do not have an appropriate individual to support them with these decisions. If a person meets both these criteria then the Minister for Health and Community Services must arrange for an independent advocate to assist them and their involvement. Non-Statutory Advocacy Generic mental health advocacy services support mental health service with mental ill health who require the support of a mental health advocate and do not have a significant and/or appropriate other to advocate on their behalf. This will ensure that the person’s voice is heard during decision making relating to their mental health care and treatment. The generic mental health advocacy can be provided on a one to one basis with a view to people advocating for themselves in the future including promoting and delivering of self-advocacy tools/models. This advocacy would be available to those that do not have the support from a significant and or appropriate other to speak on their behalf. It should be short term, time limited and it must be outcome focused with interventions used to address specific issues or situations. The need for advocacy will be dependent on the individual’s need and separately prioritised, according to the level of complexity, and intended outcomes The States of Jersey considers that non-statutory mental health advocacy will promote equality of opportunity and ensures that the needs of people with protected characteristics are able to access services. Generic mental health advocacy would be available irrespective of where the person resides, be it hospital, prison or in a shelter. The States of Jersey also recognises the need for wider independent advocacy services. The purpose of this tender is to cover mental health and capacity advocacy. The purpose of this tender is to deliver a service that will support people who meet the eligibility criteria for independent mental health and capacity advocacy and non-statutory mental health advocacy. They should receive a robust and empowering independent advocacy offer from this service. Keywords: mental health, capacity, advocacy