The Regulated Advocacy Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019

PART 4 Requirements on service providers as to the steps to be taken on commencement of provision of advocacy

Advocacy plan

12.—(1) If the service provider determines that the service is suitable to meet the needs of the individual it must, as soon as reasonably practicable, prepare a plan setting out—

(a) the steps which are to be taken to assist the individual to make representations; and

(b) any steps to be taken to mitigate identified risks to the individual’s well-being.

(2) When preparing the advocacy plan the service provider must involve the individual and any representative unless—

(a) the individual is an adult or a child aged 16 or over and the individual does not want the representative to be involved; or

(b) involving the representative would not be consistent with the individual’s well-being.

Review of advocacy plan

13.—(1) The advocacy plan must be reviewed as and when agreed between the service provider and the individual.

(2) A review of an advocacy plan must include a review of the extent to which the individual has been able to represent the individual’s views or have those views represented.

(3) When carrying out a review under this regulation, the service provider must involve the individual and any representative. But the service provider is not required to involve a representative if—

(a) the individual is an adult or a child aged 16 or over and the individual does not wish the representative to be involved; or

(b) involving the representative would not be consistent with the individual’s well-being.

(4) Following the completion of any review required by this regulation, the service provider must consider whether the advocacy plan should be revised and revise the plan as necessary.

Records of advocacy plans

14.  The service provider must—

(a) keep a record of—

(i) the advocacy plan and any revised plan, and

(ii) the outcome of any review, and

(b) give a copy of the advocacy plan and any revised plan to—

(i) the individual,

(ii) any representative, unless this is not appropriate or would be inconsistent with the individual’s well-being.