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Patients Rights Bill Written Answer, 31/08/10 [S]

Written Answer given in response to Richard Simpson's (Lab) question asking the Scottish Executive who will act as an advocate for vulnerable and other patients in relation to any complaints made under the Patient Rights (Scotland) Bill; and what advocacy service is proposed for young people to ensure that their rights are protected under the Patient Rights (Scotland) Bill.

The Cabinet Secretary for Health, Nicola Sturgeon, replied that the provision in the Patient Rights (Scotland) Bill at 16(d) (ii) states that a function of the Patient Rights Officers is to direct people ‘to persons providing representation or advocacy services’ and this applies to all patients, irrespective of age. The Explanatory Notes, which accompanied the Bill, explain that new funding will be made available to cover the potential impact of this provision.

NHS boards, working with partner organisations, should provide access to independent advocacy services to all users of NHS services (including the NHS complaints process) who need this support. The Scottish Independent Advocacy Alliance (SIAA) will work with NHS boards during 2010-11 to undertake a needs assessment and develop advocacy plans to ensure that any gaps in provision are addressed. The Principles and Standards for Independent Advocacy produced by the SIAA identifies the special considerations needed in relation to the provision of advocacy services for children and young people.

Advocacy Makes You Feel Brave: Advocacy support for children and young people in Scotland commissioned by the Scottish Executive was published in January 2010. The report makes a number of recommendations and dedicated work with relevant stakeholders is being forward on this.

The Mental Health (Care and Treatment) (Scotland) Act 2003 provides for everyone, including young people, with a mental disorder in Scotland – not just those who are subject to compulsory measures – to have a right of access to independent advocacy.

For the full answer to this and other questions see the Scottish Parliament Written Answers Report 30 August - 3 September 2010 which is available from the Scottish Parliament website.

Further Information

Scottish Parliament Written Answers Report 30 August - 3 September 2010