Understanding Independent Advocacy

  • 15 Pages
  • Published On: 14-12-2023

1.1 Independent advocacy can be defined as the type of service where people, who have undergone any abuses or torments, are being assisted with proper help to make their own decisions, keeping their sanity intact.

The main principles of independent advocacy are as follows:

Confidentiality – Whatever an independent advocate talks to their client should be in absolute confidentiality. When you are practicing independent advocacy, you should talk to your client in private, in complete absence of his/her family members or any other person of whatsoever nature.

Empowerment – The practitioner shall involve the client into talking more about the experience they faced and assist them in making their own decisions. Also, respect her self-autonomy. The practitioner shall not push the client to make a forced decision.

Acknowledge the injustice and safeguard – The independent advocate shall acknowledge and show empathy towards the injustice happened to the client and provide them with all the information with the full extent of law. For example, if your client comes from a domestic abuse household, you shall give your client full information on all the laws on domestic abuse of the State.

1.2. It is defined as the collective efforts of several independent advocates into solving a class problem with the help of the government agencies. Institutional advocacy applies for any kind of wide range gender or class based abuse and/or problems. One such example of institutional advocacy is ‘Caritas Europa’.

Q2. Multi-Agency Working

1. Improved outcomes for children with easily available and accessible support groups.

2. It promotes mutual support, encouragement and strengthens consensus.

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  1. Article ‘What is Independent Advocacy’, < https://www.siaa.org.uk/us/independent-advocacy/ > accessed on 5th May, 202
  2. IDSVA, < https://thefirststep.org.uk/wp-content/uploads/2015/02/IDSVA-Service.pdf > accessed on 5th May, 2021
  3. 3. The working of multi-agency practitioners activities are well circulated amongst people. Also, it helps in building staff morale and provides cohesive community approach.

    2.2 Two main challenges of working in a multi-agency/partnership setting are:

    Financial crisis. Funding is one of the main challenges that defies the sustainability and also conflicts between several agencies on the topic of funding.

    Long waiting list and lack of clarity and communication.

    To meet these challenges, the use of SWOT analysis and Force-field analysis might prove beneficial. However, the challenges can be addressed by remote governmental funding and tie-ups along with securing extra funding and this also involves effective management with enhanced community support as well.

    2.3 Other agencies might appear to victim blaming or perpetrator labelling as uninformed, no confidentiality and no empowerment to the victim and putting words in the mouth of the people who seek help. This happens because of the absence of independent advocacy.

    3.1 In this instant matter, the client, who was subjected to several years of domestic abuse by her partner, was booked by the police for the alleged murder of her partner whereas it might be an act of self-defence.

    3.2 In this instant situation, I negotiated for the safety of the client as she has been subjected to domestic abuse by her dead partner for years and her mental sanity might be in question. I negotiated according to the negotiation theory and multi-agency working based on the way she was convicted and if she has been provided with a psychiatric evaluation, whether she has been provided an attorney at her side, whether she has been treated right and not being subjected to any physical injury during the conviction and whether she has been kept in a safe conviction room.


  4. Article ‘The Benefits and Challenges of Collaborative Multi-Agency Working’ < https://www.sagepub.com/sites/default/files/upm-binaries/25241_02_Cheminais_Ch_02.pdf > accessed on 5th May, 2021
  5. Article ‘How every child matters Agenda affecting schools’ < https://www.nfer.ac.uk/publications/annual-survey-of-trends.cfm > accessed on 5th May, 2021
  6. Article ‘SafeLives Dash risk checklist Frequently asked questions’ < https://safelives.org.uk/sites/default/files/resources/FAQs%20about%20Dash%20FINAL.pdf > accessed on 6th May, 2021
  7. The negotiation skills in a multi-agency partnership helped me immensely to safeguard the client and ensure better facility with the police agencies.
  8. 4.1 The referral criteria for my service are the DASH checklist for the IDVAs and non-police authorities by MARAC. If the client scores more than 14 on this checklist, they will be referred to MARAC.

    4.2 If the client does not fulfil the referral criteria for my service, he/she might be directed to other agencies such as social security or police authority or other agencies for the purpose of their needed help.

    5.1 Yes. All the key information was available for me to prioritise the work and make the contact on timely manner.

    5.2 My first contact with the client was timely in a manner that the case could be prioritised and referred to MARAC accordingly.

    5.3 Yes, if any one in absence of me picks up my file they could easily navigate through all the details. All the details of the clients are recorded in a manner where all the necessary details have been recorded with absolute priority with all the information regarding the children of the victim as well.

    5.4 Yes, a clear care pathway was chalked down by me and the risk formally reviewed daily to be updated on the victim and her status.

    5.5 Yes, the safety plan, assessment and intervention plans were regularly updated.

    5.6 My case files support measurement services outcomes for the clients by documenting all the information properly that will help me assessing their situation better and help them further in the future.


  9. ‘10 Principles of an Effective Marac’ < https://safelives.org.uk/sites/default/files/resources/The%20principles%20of%20an%20effective%20MARAC%20FINAL.pdf > accessed on 6th May, 2021
  10. 5.7 I will include more of ISSP in my review file for better review system to be ascertained of my respective clients.

    Q6.

    6.1 The best way to manage cases as a domestic abuse practitioner is to refer to the DASH checklist for the purpose of IDVAs and non-police agencies by MARAC and categorise and prioritise cases on the basis of the actuarial assessment and professional judgement.

    6.2 Domestic abuse cases are mostly of high risk cases that need to be referred to MARAC immediately. However, with the proper use of ISSP, Safety plan and ‘Severity of Abuse Grid’, cases can be prioritised according to immediate needs and actions. The use of the abovementioned methods are important because domestic abuse cases are extremely sensitive and they are in need of immediate care. With the help of the above methods, cases can be sorted easily and the practitioner can easily choose which cases need to be referred first and which can wait a little bit. And also this helps in categorise which cases to be referred to MARAC even after it has low point threshold referral and which cases need to be referred to other agencies.

    Q7.

    What the client is afraid of currently? Is it physical injury?

    Did she seek for medical help post the sexual violence?

    Is the physical injury of such extent that it is a risk to her life?

    Does the client’s any friends or family who is supportive of her live nearby?

    Have the client try to separate from the perpetrator?

    Is the client suicidal?

    Have the perpetrator threated the client by intimidating her?


  11. Guidance For Filling Out The MARAC Referral Form’ < https://www.tameside.gov.uk/domesticviolence/marac/guidance.pdf > accessed on 6th may, 2021
  12. Ibid
  13. ‘SafeLives Dash risk checklist for the identification of high risk cases of domestic abuse, stalking and ‘honour’-based violence’ < https://safelives.org.uk/sites/default/files/resources/Dash%20for%20IDVAs%20FINAL_0.pdf > accessed on 6th May, 2021
  14. 7.2 To secure the client’s safety at this stage when the client is severely intimidated by the perpetrator, it is essential to refer the case immediately to MARAC so that proper actions can be taken. It is important to rehouse her and if she has supportive friend or family in the locality, it is best to contact them for the safety of the client. After that the client should be rehoused and we should inform the police and other law enforcement to criminalise the perpetrator. As the client has confessed that she has been raped, it falls under the strategic defence of the MARAC protocol and the police should be involved.

    And once the client is a little stable, she should go for a medical examination. As she says that perpetrator will be home anytime soon, it is best to take action immediately with the help of the local authority and the police and rescue her.

    Q8.

    8.1 It is used when according to professional judgement, the instant case possess high risk of domestic abuse or honour and/or stalking and the victim might be in mental or physical injury caused by the perpetrator. Also, it is used for MARAC when to activate their defensive strategies to contact other agencies in relate to a particular high risk case to secure the safety of the victim.

    8.2 It aims to identify the high risk domestic abuse cases and how smoothly a case can be referred to MARAC. The DASH checklist makes it easier to categorise cases and the ways it can be referred and to be dealt with. Also, it takes in record of all the vulnerable young adult, children and victims of the domestic to help them with a safe place with absolute confidentiality.

    8.3 It is not best to be used when the client falls under the category of insanity where she cannot answer the questions properly and the client cannot be relied fully on the actual occurrences of the events. When the client is subjected to mental asylum or a clear perpetrator as has been declared by the court or a serial offender or a case where the client is strictly subjected to the authority of police or other law enforcement, the DASH checklist should not be used.

    Q9. The key differences of professional judgement and actuarial assessment are as follows:


  15. ibid
  16. ibid
  17. Actuarial assessment only considers the actual loss or injuries suffered by the victim where professional judgement takes account of the victim’s mental health abuses as well.

    Actuarial assessment mostly depends on the practical points such as financial security or immediate threat while professional judgement considers future threats and provides a better judgement.

    Actuarial Assessment cannot prevent an even likely to happen in future or cannot ascertain any such risks while professional judgements provide valuable insights in such cases.

    Actuarial assessment might not be helpful in high risk domestic abuse cases where the victim is under coercion and cannot answer everything properly whereas professional judgement helps in identifying that.

    Actuarial assessment might always be able to identify a high risk domestic abuse considering the MARAC DASH checklist while with the help professional judgement can refer to MARAC even when it has low threshold for MARAC referral.

    Professional judgement is an absolute criterion to be referred to MARAC whereas actuarial assessment is not.

    Q10. ISSP for this instant case:

    The issues: In this instant case, the client is threatened by the perpetrator even when she has been rehoused and the perpetrator continues to keep contact with her and continues with mental abuse on her. The perpetrator knows where she has been rehoused and threats her by often appearing before her doorstep. The client is not working currently and her arrears is piling up

    Order of priority: The client needs to be in a safe house where her perpetrator cannot reach her to mentally abuse her and also she needs to have financial security which can be attained after being referred to MARAC. She is constantly worrying about the safety of her and her children and the client is in danger of being physically hurt.

    Q11.

    11.1 The client has split up with his partner of 10 years relationship and due to domestic abuse; she has been relocated with her three children in a private rented house. However, her perpetrator still abuses her and physically threatens her from time to time. Also, the client is out of work and has no financial security whatsoever.

    11.2 ISSP or Individualised Safety and Support Plan with clear support for her different needs such as general, legal, financial and others should be chalked out.

    11.3 The client has general safety issues along with legal safety where her perpetrator is aware of her private rented house and constantly physically threatens her even if she does not willingly want to see him. The perpetrator continues to mentally abuse the client and has no permanent financial security to keep her take any measures. These are the ascertained risk factors of this case.

    11.4 The key need of the client is to be rehoused under the Housing Act, 1996 because she can be found by her perpetrator quite easily and financial security for her rent and other needs of her life.

    11.5 The client responded positively.

    11.6 The client’s situation scored as moderately emergency situation in the DASH as she has already taken step and not under constant threat by her perpetrator.

    11.7 No, the case did not score more than 14 in the MARAC DASH list as the client is not in constant threat, the client does not live with the perpetrator, she is close with her family and she is not injured and moderately safe with her children in a privately rented home. However, it might need the help of MARAC if any of the above situations alter.

    My thought about this case is that the client is sane and can take care of her children. She needs moderate help from the local authority for the housing situation.

    It links to the risk assessment process.

    The pinpoint in how much danger the client actually is.

    I could have referred it to MARAC.

    In that case, the client would have lost her normal daily independence and be under constant check and security which might not be needed in her case. Only help from the police authority to keep her perpetrator away and rehousing is enough for the time being.

    12.1. As the DASH score of the victim is high, my priority is to make her safe and provide her with safeguarding information at first such as law implementation and MARAC and ask her whether she is injured or why is she leaving the house and also provide her with the information that if she has been abused, she can approach proper authority for occupation order against her partner and that she does not have to leave the house. Also, inform her about right to apply for rehouse under the Housing Act, 1996 where she fulfils their criteria of ‘priority need’.

    12.2. Firstly, Claire needs to be felt safe and to be informed properly that client confidentiality is of utmost importance and that she can share her situation with utmost safety and her partner will know nothing. As Claire is someone who has a fleeting response and might not come back later, she needs to be informed well and properly how she can benefit in the process of rehousing with a dependent child, if she chooses to take our help. After that risk assessment can be made on her case with regard to the age difference between Claire and her partner, any kind of safety assessment regarding the fact that she was a minor when she moved in with her partner and how her partner can be held accountable, if she was driven out of her house due to abuse or violence as she has a high DASH check point.

    Q13. Coordinated Community Response or CCR can be defined as the implementation of law and order paired with other necessary organs of the community to put a stop on the domestic violence cases. CCR is a consistent way to respond toward the domestic violence cases and to make accountable all the members of the community to report any such cases immediately. CCR programs often provide information regarding the violence against women and educate difference community on the same subject from time to time. Law enforcement, civil society, the employer of the victim, social educators, media, and local businesses are all part of the CCR in response to domestic abuse. The main role of CCR in response to domestic violence is to educate every one of the domestic violence situation, hold the


  18. DOMESTIC VIOLENCE, HOUSING AND HOMELESSNESS’ < https://rightsofwomen.org.uk/wp-content/uploads/2014/10/guide-to-domestic-violence-housing-and-homelessness.pdf > accessed on 6th May, 2021
  19. ibid
  20. Article ‘What is a coordinated community response to violence against women?’ < https://www.endvawnow.org/en/articles/127-what-is-a-coordinated-community-response-to-violence-against-women.html > accessed on 6th May, 2021
  21. perpetrator accountable, develop better law policy, bring change into organisation practice etc.

    Q14

    14.1 A client of 22, who is prone to self-harm and she has been exposed to domestic abuse for several years by her husband, however as she is closely intimidated by her elder husband of 32, she is not willing to take help of other authorities to ensure her safety and of her children.

    14.2 The client in the situation is under immense threat and coercion which compromises her normal decision making abilities. She has a considerable amount of age difference with her husband, and that makes it a case of undue influence and coercion. She is prone to self-harm and her mental sanity in the situation is under question. Also, she has dependent children who can be hurt by her husband in the future.

    14.3 Breaching the confidentiality on certain ground is called striking the balance. For that purpose it is the scheme of the organisation to share information of the client if the harm is proactive. MARAC higher administrator would be consulted in such case.

    14.4 I hereby decided to share the condition of the client with other agencies without taking her express consent on the subject.

    I made this decision on the basis of CAADA checklist where the client scored more than 14 on the list which provides us with the sufficient basis to make a defensive strategy and inform other authorities without the express consent of the client

    14.5 I recorded my decision on the basis of CAADA checklist and MARAC’s striking the balance theory provided by Caldicott Guardian’s authority.

    14.6 My reflection this case is that the client is not in a position to make an informed decision on her own and thus it is absolutely necessary to inform other authorities to ensure safety of her and her children which comes under the accountability of MARAC and CCR in respect of domestic abuse.


  22. “Striking the Balance” Practical Guidance on the application of Caldicott Guardian Principles to Domestic Violence and MARACs (Multi Agency Risk Assessment Conferences) Christopher Fincken, UK Council of Caldicott Guardians
  23. Ibid, p12
  24. Q15

    15.1 The role of MASH or Multi Agency Safeguarding Hub is to form better analysis system and information sharing procedure to safeguard vulnerable children and young people of a locality from different kinds of exploitation which includes sexual exploitation and any other kinds of domestic abuse as well. Another important role of MASH is to take actions on behalf of these vulnerable young adults as early as possible, practicably within 48 hours of the reporting of a particular case. A MASH team comprises of different individual practitioners who are still linked to their own agencies and in a locality MASH works in the way of sealed intelligence hub and the individual practitioners provide research on a particular case to build up a fuller picture and after that action is taken.

    15.2 The role of MAPPA or Multi Agency Public Protection Arrangements are to form better analysed information sharing for the purpose of providing public a better protection against violent and sexual offender of a locality. MAPPA’s role is to combine the police, probation and prison service and work towards the goal of providing security. MAPPA in a locality mostly works through police and after making a referral or reporting a case to the police, the police takes necessary help of the MAPPA agency to provide better protection, keeping the future of the victims in mind.

    Q16

    16.1 The role of Multi Agency Risk Assessment Conference is to safeguard the victim of any domestic violence or any other abuses, identify the perpetrator and manage the perpetrator’s behaviour according to the demands of the victims and needs of the victims, safeguard professionals regarding the condition of the victims and make links with other safeguarding process to help the victim in attaining the stability he/she needs to overcome trauma. Also, MARAC helps in providing with proper psychological counselling to treat PTSD as well.

    16.2 For the purpose of meeting the MARAC referral, the Safe Lives Dash check list must be read properly and if your case meets 14 ticks or more than that, the case can be referred to MARAC referral. According to MARAC principle guidelines, all the high risk victims should


  25. Article ‘MASH’ < https://www.coventry.gov.uk/info/31/children_and_families/2186/coventrys_multi_agency_safeguarding_hub_mash/2 > accessed on 6th May, 2021
  26. be referred to MARAC within 48 hours or as soon as practicable. However, before making the MARAC referral, you should inform the victim that a Domestic Abuse Advisor will be in touch with them for the purpose of investigating the case. The referral to MARAC can be made through contacting a MARAC administrator or through the police team of Domestic Abuse.

    Q17.

    17.1 Three examples of diverse needs are:

    A victim of domestic abuse who has been injured multiple times and has dependent child.

    An alleged perpetrator who is homeless due to wrongly convicted of domestic abuse

    A victim of domestic abuse and who is a fleeting risk and not willing to take help of the domestic abuse practitioner but has a critical situation

    In this above referred three diverse cases, same risk assessment cannot be referred to each of them. In the first case, the case will score high on the DASH checklist with IDVAs and thus it can be easily referred to MARAC for further steps. In the second case, the alleged perpetrator can only be helped through local authority for the issue of homelessness and he can only be safeguarded and advised. In the third case, the case stands on the striking balance as per the MARAC guideline and even if the client is not willing to disclose full information, she needs to be referred to other agencies for her safety.

    17.2 Example: In a case where the client was a fleeting risk and she was not willing to disclose all of her information though some information seemed to be dangerous to the safety of the client, the MARAC chose strategic defence and helped the client by letting other agencies to take proper safety measures of the client.

    Q18. The five criteria for being considered homeless by a local authority are:

    The person must be homeless which shall mean that he/she has no accommodation available nearby or he/she has accommodation but cannot enter due to domestic violence issue. Or in case where he/she has been threatened with homelessness.


  27. ‘The Housing Act, 1996’ < https://www.legislation.gov.uk/ukpga/1996/52/contents > accessed on 6th May, 2021
  28. The person should be unintentionally homeless. For the purpose of being considered homeless as per the Housing Act, 1996 and Homelessness Act, 2002, a person should be forced out of his/her house on accounts of domestic violence or threats of any extent that constitutes physical or mental abuse.

    The applicant must be in ‘Priority need’. As per the Housing Act, 1996, priority need shall include any person who is pregnant, and/or has children dependent on him/her, and/or homeless due to flood, fire or any such natural disaster, and/or at the risk of being exploited sexually or violence including domestic or racial and/or vulnerable due to old age, mental illness etc.

    Whether the person has a local connection. If the applicant does not have a local connection, he/she might be moved to a locality where she/he does.

    The person must be eligible for asking for such assistance. The person shall not be an insane person or a person who has short plan to leave the country soon or anyone who fails to satisfy the HRT test.

    Order Now

    Q19. According to part VII of the Housing Act, 1996, the local authority has a duty to help Liane when she has been threatened to be killed by her husband. According to the Housing Act, 1996, Liane should be relocated in her locality as she has supportive friends and family in the locality which shall serve as local connection. However, if Liane is not willing to move out of locality as has been assisted by her local authority because her friends and family lives nearby, she can take recourse of ‘sanctuary scheme’ in her current living house. Liane can contact her local authority and apply for having a safe room in her house with extra safety measures such as a direct alarm to police, CCTVs, security lights, extra locks while going for an ‘occupation order’ from the courts of UK.

    However, if Liane is not willing to go through such hassle and getting out of her abuser’s house is of utmost importance, she should take the offer of her local authority because housing in the same locality might expose her to more threats from her husband and to avoi


  29. Homelessness Act, 2002’ < https://www.legislation.gov.uk/ukpga/2002/7/contents > accessed on 6th May, 2021
  30. ibid
  31. Article ‘Habitual Residence Test’ < https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/before-you-apply/check-if-you-can-pass-the-habitual-residence-test-for-benefits/ > accessed on 6th May, 2021
  32. ‘DOMESTIC VIOLENCE, HOUSING AND HOMELESSNESS’ < https://rightsofwomen.org.uk/wp-content/uploads/2014/10/guide-to-domestic-violence-housing-and-homelessness.pdf > accessed on 6th May, 2021
  33. such situation, it might be best for her to take housing in some nearby locality temporarily and file a review of this decision with the court of the UK.

    Q20.

    20.1. A situation, where Andrew, an alleged perpetrator of DV, cannot return to his home due to a protection order, can contact to Local Homeless Persons Unit (HPU) according to Homelessness Act, 2002. As Andrew is unemployed and an addict and only an alleged perpetrator where the subject of the DV has not been established, the local authority shall have a duty to help Andrew under part VII of the Housing Act, 1996.

    20.2 Andrew’s ex-partner’s application for occupation order can make Andrew ineligible under the Homelessness Act, 2002 and if the occupation order be permitted, Andrew may have to pay for the rent and/or mortgage of the house he has been forced to leave, if the court permits. However it is a temporary injunction against Andrew.


  34. ibid
  35. ibid

BIBLIOGRAPHY

Article

Article ‘What is Independent Advocacy’, < https://www.siaa.org.uk/us/independent-advocacy/ > accessed on 5th May, 2021

Article ‘The Benefits and Challenges of Collaborative Multi-Agency Working’ < https://www.sagepub.com/sites/default/files/upm-binaries/25241_02_Cheminais_Ch_02.pdf > accessed on 5th May, 2021

Article ‘How every child matters Agenda affecting schools’ < https://www.nfer.ac.uk/publications/annual-survey-of-trends.cfm > accessed on 5th May, 2021

Article ‘SafeLives Dash risk checklist Frequently asked questions’ < https://safelives.org.uk/sites/default/files/resources/FAQs%20about%20Dash%20FINAL.pdf > accessed on 6th May, 2021

DOMESTIC VIOLENCE, HOUSING AND HOMELESSNESS’ < https://rightsofwomen.org.uk/wp-content/uploads/2014/10/guide-to-domestic-violence-housing-and-homelessness.pdf > accessed on 6th May, 2021

Article ‘What is a coordinated community response to violence against women?’ < https://www.endvawnow.org/en/articles/127-what-is-a-coordinated-community-response-to-violence-against-women.html > accessed on 6th May, 2021

Article ‘MASH’ < https://www.coventry.gov.uk/info/31/children_and_families/2186/coventrys_multi_agency_safeguarding_hub_mash/2 > accessed on 6th May, 2021

Article MAPPA < https://www.plymouth.gov.uk/multiagencyadultsafeguardingmanual/contents/316multiagencypublicprotectionarrangementsmappa > accessed on 6th May

Article ‘MARAC’ < https://www.plymouth.gov.uk/multiagencyadultsafeguardingmanual/contents/317multiagencyriskassessmentconferencesmarac > accessed on 6th May, 2021

Article ‘Habitual Residence Test’ < https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/before-you-apply/check-if-you-can-pass-the-habitual-residence-test-for-benefits/ > accessed on 6th May, 2021

Journal/Guidelines

IDSVA, < https://thefirststep.org.uk/wp-content/uploads/2015/02/IDSVA-Service.pdf > accessed on 5th May, 2021

‘Guidance For Filling Out The MARAC Referral Form’ < https://www.tameside.gov.uk/domesticviolence/marac/guidance.pdf > accessed on 6th may, 2021

“Striking the Balance” Practical Guidance on the application of Caldicott Guardian Principles to Domestic Violence and MARACs (Multi Agency Risk Assessment Conferences) Christopher Fincken, UK Council of Caldicott Guardians

Statues

‘The Housing Act, 1996’ < https://www.legislation.gov.uk/ukpga/1996/52/contents > accessed on 6th May, 2021

‘Homelessness Act, 2002’ < https://www.legislation.gov.uk/ukpga/2002/7/contents > accessed on 6th May, 2021

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