DD Advocacy
Welcome to the Disability Direct Advocacy website. This website describes the various types of independent advocacy support that Disability Direct Advocacy (DDA) offers to eligible individuals in Derby City.
DD has been awarded a local authority contract by Derby City Council, part-funded by the NHS Derby and Derbyshire Integrated Care Board, to deliver an Integrated Independent Advocacy Service – empowering vulnerable people to navigate health and care systems and access vital support.
What is Independent Advocacy?
Advocacy is taking action to support people to say what they want, secure their rights, pursue their interests, and obtain services they need. Advocacy providers and Advocates work in partnership with the people they support and take their side, promoting social inclusion, equality, and social justice.
Advocates work in partnership with people who access the service. They aim to be ‘instructed’ or directed by the person at all times and to enable the person to self-advocate as far as possible; it is an empowering relationship.
Please select the type of advocacy support that you would like to know more about and how to refer for an advocate.
Independent Mental Health Advocacy (IMHA)
An advocate can support you to have your say in decisions about your health, care and wellbeing. Advocates are independent professionals. They don’t work for the council, the NHS, or care providers. You don’t need to pay for an advocate. You can get help from an advocate at any time you want to during your treatment.
Am I eligible?
Patients who are detained under the Mental Health Act 1983 are eligible for support by an Independent Mental Health Advocate (IMHA)
What does an Independent Mental Health Advocate (IMHA) do?
When you are detained under the Mental Health Act (‘sectioned’), you have the right to help from an advocate, unless you are under one of these short term sections: section 4, 5, 135, and 136.
You also have the right to an advocate if you are:
- subject to Guardianship or a Community Treatment Order
- a conditionally discharged restricted patient
- being considered for S57 or S58A treatment, or Electro-Convulsive Therapy If you meet any of these criteria you can still get an advocate even if you are on leave of absence from hospital.
How an advocate can help you to:
- understand your rights
- understand your treatment and the reasons for it
- say what care or treatment you want – and what you don’t want
- talk to your care team about your needs
- have your say at meetings about your care and treatment
- speak to staff about any worries or problems you have
- request leave if you are entitled to it
Advocates help to make sure that doctors listen to you. This does not mean that doctors will always do everything you want them to. But your advocate will be on your side.
How can I get an independent mental health advocate (IMHA) to support me?
There are a number of ways that you can be referred for an IMHA to support you:
- A hospital ward
- A care coordinator
- From an IMHA drop in
- Self-refer
The Advocacy Charter
Independent Advocacy organisations follow the principles set out in the Advocacy Charter:
“Advocacy is taking action to support people to say what they want, secure their rights, pursue their interests, and obtain services they need. Advocacy providers and Advocates work in partnership with the people they support and take their side, promoting social inclusion, equality, and social justice.”
Independent Mental Capacity Advocacy (IMCA)
An advocate can support you to have your say in decisions about your health, care and wellbeing. Advocates are independent professionals. They don’t work for the council, the NHS, or care providers. You don’t need to pay for an advocate.
The Mental Capacity Act 2005
The Mental Capacity Act 2005 introduced the role of the independent mental capacity advocate (IMCA)
IMCAs are a legal safeguard for people who lack the capacity to make specific important decisions: including making decisions about where they live and about serious medical treatment options. IMCAs are mainly instructed to represent people where there is no one independent of services, such as a family member or friend, who is able to represent the person.
What does an Independent Mental Capacity Advocate (IMCA) do?
IMCAs are a safeguard for people who lack capacity to make some important decisions. The IMCA role is to support and represent the person in the decision-making process. In effect, they make sure that the Mental Capacity Act 2005 is being followed.
What is the IMCA service?
Sections 35–41 of the Mental Capacity Act set up a new IMCA service that provides safeguards for people who:
- lack capacity to make a specified decision at the time it needs to be made
- are facing a decision on a long-term move or about serious medical treatment and
- have nobody else who is willing and/or able to represent them or be consulted in the process of working out their best interests.
What decisions require an IMCA?
There are three types of decisions which require an IMCA to be instructed for people who lack capacity. These are:
- decisions about providing, withholding or stopping serious medical treatment (SMT)
- decisions about whether to place people into accommodation (for example a care home or a long stay hospital) and;
- decisions about whether to move people to different long stay accommodation as a long term accommodation move (LTAM)
For these decisions all local authorities and all health bodies must refer the same kinds of decisions to an IMCA for anyone who lacks capacity and qualifies for the IMCA service.
There are two further types of decisions where the responsible body has the power to instruct an IMCA for a person who lacks capacity. These are decisions relating to:
- care reviews and
- adult protection cases
The Advocacy Charter
Independent Advocacy organisations follow the principles set out in the Advocacy Charter:
“Advocacy is taking action to support people to say what they want, secure their rights, pursue their interests, and obtain services they need. Advocacy providers and Advocates work in partnership with the people they support and take their side, promoting social inclusion, equality, and social justice.”
Independent Care Act Advocacy
An advocate can support you to have your say in decisions about your health, care and wellbeing. Advocates are independent professionals. They don’t work for the council, the NHS, or care providers. You don’t need to pay for an advocate.
Am I eligible?
Under the Care Act 2014 the role of the independent advocate is to support an individual where the individual:
- has substantial difficulty being involved in Care Act processes and
- has no one appropriate to help or assist them through the processes
The Care Act 2014 – Care Act Processes
There are a number of different Care Act processes that an advocate can support with:
- Needs Assessment
- Carers Needs Assessment
- Care Review
- Safeguarding
The Act requires local authorities to involve people in all decisions about their care and support. People should be active partners in the key processes of assessment, care and support planning, review and any enquiries in relation to abuse or neglect. This can mean appointing an independent advocate to support a person’s involvement if there isn’t an appropriate person, such as a friend or family member, to fulfil the role. Independent advocacy is also important during a safeguarding enquiry or Safeguarding Adult Review (SAR).
The independent advocate can support the individual to understand information, express their needs and wishes, secure their rights, represent their interests and support them to obtain the care and support they need.
How to get an Advocate
If you believe that you have eligible care and support needs, you should contact Adult Social Care at Derby City Council and aske about a needs assessment. The council will decide at first point of contact if you are eligible for independent advocacy support. If you are, they can make a referral for independent advocacy support
The Advocacy Charter
Independent Advocacy organisations follow the principles set out in the Advocacy Charter:
“Advocacy is taking action to support people to say what they want, secure their rights, pursue their interests, and obtain services they need. Advocacy providers and Advocates work in partnership with the people they support and take their side, promoting social inclusion, equality, and social justice.”
NHS Complaints Advocacy
Have your say
An advocate can support you to have your say in decisions about your health, care and wellbeing. Advocates are independent professionals. They don’t work for the council, the NHS, or care providers. You don’t need to pay for an advocate.
Get support to make a complaint about an NHS service
NHS complaints advocates support people to complain about the treatment or care that they or a friend or family member have received from an NHS service. This support is available at every stage of the complaints process.
Complaining about NHS services
Everyone who provides an NHS service in England must have their own complaints procedure.
You can often find information in waiting rooms, at reception, on the service provider’s website, or by asking a member of staff.
You can either complain to the NHS service provider directly (such as a GP, dentist surgery or hospital) or to the commissioner of the services, which is the body that pays for the NHS services you use. You cannot complain to both.
Making a complaint
Many issues can be resolved quickly by speaking directly to the staff at the place where you received care or accessed a service.
Some people find it helpful to talk to someone who understands the complaints process first and get some guidance and support.
The Patient Advice and Liaison Service (PALS) is a free, confidential and independent service that you’ll find in most hospitals.
You can speak with a PALS staff member, who’ll try to help you resolve issues informally with the hospital without the need to make a complaint. PALS can be particularly helpful if your issue is urgent and you need action immediately, such as a problem with the treatment or care you receive while in hospital.
NHS Complaints Independent Advocate
If you’re making, or thinking about making, a complaint, you could get free help from an NHS complaints advocate.
An advocate can help you to write a complaint letter and attend meetings with you, but cannot make the complaint for you or give medical or legal advice.
You can get free help from an NHS complaints advocate at any stage of the process. If you decide you need some support, it’s never too late to ask for help. Search online for ‘NHS complaints advocacy’ in your area or contact your local Healthwatch to find out who provides NHS complaints advocacy in your area.
Advocates can support you to complain about:
- treatment in hospital or GP surgery
- ambulance services
- an optician
- a pharmacist
- an NHS funded care home
- a specialist service
- a dentist
- NHS staff or clinicians
The Advocacy Charter
Independent Advocacy organisations follow the principles set out in the Advocacy Charter:
“Advocacy is taking action to support people to say what they want, secure their rights, pursue their interests, and obtain services they need. Advocacy providers and Advocates work in partnership with the people they support and take their side, promoting social inclusion, equality, and social justice.”
Community Advocacy
An advocate can support you to have your say in situations where you may need support to have your say in decisions about things that affect you. Advocates are independent professionals. They don’t work for the council, the NHS, or care providers. You don’t need to pay for an advocate.
What is Community Advocacy?
Community advocacy is about speaking up on behalf of people who can’t do this for themselves. It supports people who would have substantial difficulty advocating for themselves – including difficulty understanding, holding, using or weighing up information, as well as communicating their views, wishes and feelings to others.
A community advocate will be able to help you:
- Get the information you need and understand what it means
- Explore your options and decide what you want
- Contact the relevant people, or will contact them on your behalf
- Express your feelings and opinions to others, or do this for you
- Prepare for meetings, and support you at them if you want that
- Stand up for your rights and get the services you need
The Advocacy Charter
Independent Advocacy organisations follow the principles set out in the Advocacy Charter:
“Advocacy is taking action to support people to say what they want, secure their rights, pursue their interests, and obtain services they need. Advocacy providers and Advocates work in partnership with the people they support and take their side, promoting social inclusion, equality, and social justice.”
Non-statutory Advocacy
Have your say
An advocate can support you to have your say in situations where you may need support to have your say in decisions about things that affect you. Advocates are independent professionals. They don’t work for the council, the NHS, or care providers. You don’t need to pay for an advocate.
What is Non-statutory Advocacy?
Non-statutory advocacy is about speaking up on behalf of people who can’t do this for themselves. It supports people who would have substantial difficulty advocating for themselves – including difficulty understanding, holding, using or weighing up information, as well as communicating their views, wishes and feelings to others.
A Non-statutory advocate will be able to help you:
- Get the information you need and understand what it means
- Explore your options and decide what you want
- Contact the relevant people, or will contact them on your behalf
- Express your feelings and opinions to others, or do this for you
- Prepare for meetings, and support you at them if you want that
- Stand up for your rights and get the services you need
The Advocacy Charter
Independent Advocacy organisations follow the principles set out in the Advocacy Charter:
“Advocacy is taking action to support people to say what they want, secure their rights, pursue their interests, and obtain services they need. Advocacy providers and Advocates work in partnership with the people they support and take their side, promoting social inclusion, equality, and social justice.”
FAQ's
Have your say
An advocate can support you to have your say in situations where you may need support to have your say in decisions about things that affect you. Advocates are independent professionals. They don’t work for the council, the NHS, or care providers. You don’t need to pay for an advocate.
Frequently asked questions
We hope this website explains the various types of independent advocacy that we deliver to eligible individuals. However, we are aware that there will be some questions that you would like answers to that are not obviously answered within the website. If you have a question that is not answered in these pages please ask the question in the Contact Us section of the site.
FAQs:
I am 16, am I eligible for independent advocacy support?
This will depend on the type of advocacy support that you require:
- If you require the support of an Independent Mental Capacity Act (IMCA) then you are eligible under the Mental Capacity Act
- If you are detained under some sections of the Mental Health Act and require the support of an Independent Mental Health Advocate (IMHA) then you are eligible
- Other types of independent advocacy support have their own eligibility criteria. Please check with the appropriate type of independent advocacy support that you feel you may need
Can I self-refer for a Care Act advocate?
Normally, if you are eligible for independent advocacy support under the Care Act, Adult Social Care will have identified this ‘at the point of first contact’ and will refer on your behalf
Please refer to us by downloading the referral form you require below.
Once complete, please upload your form here
Upload Referral Form
Please upload your referral form and one of the team at DDA will be in touch.
EMPOWERING YOU!
This newly awarded contract further strengthens our long-standing advocacy work, enabling it to provide both statutory and non-statutory advocacy.
The Disability Direct Advocacy service, launched on 1st April 2025, includes Independent Mental Health Advocacy, Independent Mental Capacity Advocacy, NHS Complaints Advocacy, Care Act Advocacy, and Specialist Advocacy.
