Choosing an Advocate

How Entitled Children Can Have Their Say in Who Supports Them

For children and young people involved with social services, having someone to speak up for them—an advocate—can make a life-changing difference. Choosing an advocate is not only a right; it’s a way to help children feel more in control of their lives, especially in difficult or complex situations.

Under the Social Services and Well-being (Wales) Act 2014, children who are “entitled” (those in care, receiving support, or involved in specific legal processes) have the right to advocacy support. This article explains what it means for a child to choose their advocate, who can act in that role, and how local authorities must support this process.

What Is an Advocate?

An advocate is someone who helps a child understand their rights, express their views, and take part in decisions that affect them. The advocate can:

• Speak with or for the child

• Help resolve issues

• Support the child through complaints or review processes

• Empower the child to be heard by professionals

Can a Child Choose Their Advocate?

Yes. Children have the right to choose their own advocate, such as:

• A family member or friend

• A teacher or carer

• A trusted adult in their life

• An independent professional advocate (trained and employed by an advocacy service)

Example: Kayla, a 15-year-old living in foster care, feels more comfortable speaking to her old youth worker than a new person she hasn’t met before. As long as there’s no conflict of interest and the youth worker is not involved in her case, she can be supported to choose that person as her advocate.

However, the advocate must be appropriate and safe. Not everyone is allowed to act as an advocate under the law.

Who Cannot Act as an Advocate?

The law (Advocacy Services and Representations Procedure (Children) Regulations 2004) prohibits certain people from being advocates if they:

• Are the subject of the complaint or representation

• Manage the person who is the subject of the complaint

• Manage or control the service being complained about

• Have financial or resource control over the service

• Are involved in considering the representation or complaint on behalf of the authority

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Why this matters: A child should never be put in a position where the person supporting them might have a conflict of interest or influence over the decision being made.

Involving the Child in the Decision

Local authorities must involve the child fully in choosing their advocate, including:

• Helping the child understand the types of advocacy available (e.g., lay vs. professional)

• Checking that the child has the capacity to make the choice

• Respecting the child’s wishes, even if the parent or guardian disagrees (if the child is competent to make that decision)

• Protecting the child from harm if their preferred advocate is unsuitable

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Example: Liam wants his uncle to support him through a complaint about his foster placement. However, the uncle is also the carer’s manager. This creates a conflict, so the local authority must explain this to Liam and support him to choose someone else he trusts.

Local Authority Responsibilities

Local authorities must:

• Support the child in making an informed decision

• Check the suitability of the chosen advocate

• Respect the child’s right to decline support from family or friends if they prefer not to involve them

• Offer alternative support if the child’s chosen person cannot act as an advocate

• Ensure the child meets the advocate before formal appointment

If the child changes their mind, the local authority must respond and arrange for a new advocate.

Supporting a Complaint or Representation

Children sometimes want to make a complaint or raise a concern about their care. In this case, the local authority must:

• Inform the child about independent advocacy services

• Support the child to access those services quickly

• Ensure the child is never left without a voice in the complaints process

  
  

• Important: Only the child has a right to advocacy in this process—not a parent or adult making a complaint on their behalf. However, the child can invite that person to speak for them if they choose.

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The Advocate’s Role in Complaints

An advocate helps children:

• Understand their rights

• Express what they want to say

• Take part in meetings or write complaints

• Stay involved until the issue is resolved

• Ask questions and explore options

Professionals Who Must Help

It’s not just social workers or complaints officers who have a role here. A wide range of professionals must help children access advocacy, including:

• Independent Reviewing Officers (IROs)

• Residential staff and foster carers

• Teachers and education staff

• Health workers

• Youth workers and third-sector staff

• Elected officials with corporate parenting responsibilities

Example: Sophie, 14, tells her school nurse she feels ignored in her care review meetings. The nurse refers Sophie to the complaints officer, who helps her contact an advocacy service.

Promoting Awareness and Understanding

Local authorities must actively promote awareness of advocacy, especially for children who:

• Are placed outside their home area

• Have communication needs or disabilities

• Are in residential settings or hospitals

Information must be:

• Easy to understand

• Shared early in the care process

• Provided in child-friendly language

• Accompanied by offers of help to make first contact

Role of the Complaints Officer

The complaints officer must:

• Provide advice on the complaints procedure

• Explain how advocacy can help

• Facilitate contact with advocacy services

• Work with children and advocates through the process

• Keep records of complaints and outcomes

They must be independent, not involved in direct service delivery, and able to challenge decisions fairly.

Summary Table: Key Roles and Responsibilities

Person/Role	Key Responsibilities
Child	Chooses their advocate and decides how to be supported
Local Authority	Supports choice, ensures advocate suitability, provides info
Complaints Officer	Promotes advocacy, manages complaint process, ensures fairness
Advocate	Supports, informs, empowers the child; speaks up if needed
Professionals (e.g., IROs, social workers)	Recognise advocacy needs, promote access, respond to concerns

Conclusion

Advocacy is a powerful way for children to be heard, respected, and protected. Choosing an advocate is a personal and important right. The system around them—professionals, processes, and services—must support that right fully, ensuring that every child has a voice in shaping their future.

By promoting and protecting this right, local authorities can ensure children are not only cared for, but empowered.

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