What is Mental Health Advocacy?
If you have a mental health disorder, you have the right by law to independent advocacy no matter where you live in Scotland.
Independent Advocacy and Scottish Law
The Mental Health (Care & Treatment) (Scotland) Act 2003, states that any person with a mental health disorder has a right to access Independent Advocacy. The recently updated Mental Health (Care & Treatment) (Scotland) Act 2015 builds on the right of the 2003 Act to Independent Advocacy Services. It requires Local Authorities, Health Boards, and the State Hospitals Board for Scotland to provide information to the Mental Welfare Commission about how they are meeting their duties to provide Independent Advocacy. You do not have to be in hospital or on any kind of order to access Independent Advocacy Services.

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Why Independent Advocacy Is Needed
Many people find that when they feel unwell it is not as easy to say what they want as it is at other times. Independent Advocacy is a way to help you to make your voice stronger and to have as much control as possible over your own life. Independent Advocacy Workers will work closely with you to explore your options, explain your basic human rights, and assist you through whatever issues you may have. Independent Advocacy Workers do not make decisions on your behalf nor do they put words in your mouth. Under the Mental Health (Care and Treatment) (Scotland) Act 2003, people with learning disabilities and people with a mental illness also have a right to Independent Advocacy Support. You do not have to be in hospital, or under any Mental Health Act to get this right to Independent Advocacy.
How Independent Advocacy Can Help
People who suffer from mental health issues can often find themselves vulnerable and anxious, finding it hard to speak up for themselves to get the assistance they need when faced with extraordinary circumstances that may occur during their lives.
An Independent Advocacy Worker will listen to your views, support you to speak up for yourself and speak for you when you feel unable to. An Independent Advocacy Worker will explore options with you for solutions and find out what your rights are, allowing you to make informed choices over your life.
Below are just a few examples of when you may need Independent Advocacy support.


Mental Health Tribunals
A Mental Health Tribunal is an independent organisation set up to make decisions on the compulsory care and treatment of people with mental disorders in Scotland.
Compulsory Treatment Orders
A Compulsory Treatment Order (CTO) allows for a person to be treated for their mental illness.
Other Mental Health Services
Other Mental Health Services including Home Care and Social Care Assessments, Care Program Approach Plans, and support with Psychiatric / Psychology / GP Appointments.
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