CP2296-22 Statutory Social Care and Health (NHS) Complaints Advocacy Service for Adults and Children in Devon and Torbay

This contract is for the delivery of Statutory Social Care and Health (NHS) Complaints Advocacy Service for Adults and Children in Devon and Torbay. It is split between two lots as follows: Lot 1 - Statutory Adult Social Care and Health (NHS) Complaints Advocacy Service in Devon and Torbay. Lot 2 - Children & Young People's Advocacy Service

Lot 1 - Statutory Adult Social Care and Health (NHS) Complaints Advocacy Service in Devon and Torbay. This contract covers the provision of statutory advocacy services for adults in receipt of social care support who meet the eligibility criteria for such advocacy, and who require NHS Complaints Advocacy support when interacting with the NHS Devon part of the health and social care system.

The Service Provider who holds this Lot contract will be required to supply advocacy based on the requirements of the following legislation:

• The Care Act 2014
• The Mental Capacity Act 2005
• The Mental Health Act 1983 (as amended in 2007)
• NHS Complaints Advocacy as required under The Health and Social Care Act 2012

Lot 2 - Children & Young People's Advocacy Service Under Section 22(4) of the Children Act (1989), the Local Authority must ascertain the wishes and feelings of any child who is, or at risk of becoming, a child looked after, being able to make any decisions about their lives. Every child looked after, including homeless young people aged 16 and 17 years and young people in secure accommodation has a right to be supported by an advocate through the care planning and review processes.

In particular the local authority should ensure that children who have difficulty in expressing their wishes and feelings are supported by an advocate who has the appropriate expertise to understand the child's means of communication. This includes disabled children and young people with complex communication needs (The Children Act 1989 Guidance and Regulations Volume 2: The Care Planning, Placement and Care Review 2010; the IRO Handbook: Statutory Guidance for Independent Reviewing Officer and local authorities on their functions in relation to care management and review for looked after children 2010)

The Service Provider for this Lot contract will provide advocacy services for the following:

• Children subject to Child Protection
• Children Looked After and Care Leavers
• Health and Social care Complaints
• Visiting Advocacy Services to Atkinson Secure Children's Home

The Local Authority meets its duties under the Adoption and Children Act 2002, the Children Act 1989, the National Standards for the Provision of Children’s Advocacy Services (2002), and the Joint Statutory Guidance on prevention of homelessness and provision of accommodation for 16 and 17 year old young people who may be homeless and/or require accommodation, to the following groups: Looked After children and young people whose care and progress are being reviewed; Children and young people in receipt of social care services who wish to make a representation (including a complaint and those subject to Child Protection processes); Young people undergoing a Southwark Assessment; Children and young people who make or intend to make representations under Section 26 or 24D of the Children Act 1989.

The Service Provider will need to deliver the following advocacy services:

• Children subject to Child Protection
• Children Looked After & Care Leavers
• Health & Social Care Complaints
• Visiting Advocacy Service to Atkinson Secure Children's Home Additional information: There will be the option to extend the contract on a 1 year + 1 year + 1 year basis at the procurer’s discretion.