North Yorkshire Council

Health and Adult Services

Executive Member Meeting

8^th August 2025

REPORT TO Corporate Director of Health and Adult Services (HAS) in consultation with the

Executive Member for Health and Adult Services

North Yorkshire Independent Advocacy Service

1.0 Purpose Of Report

To obtain approval to undertake a procurement exercise for an Independent Advocacy Provider.

The proposed service will have the following elements;

• Care Act Statutory Advocacy;

• 1.2 Representative Advocacy;

• Independent Mental Capacity Advocacy (IMCA);

• Deprivation of Liberty (DoLS) Safeguards Relevant Person’s Representative (RPR);

• Independent Mental Health Advocacy (IMHA);

The Service will provide Care Act 2014 (Care Act) and specialist advocates, and RPRs to work as required within national guidelines and recognised good practice, to support and represent People who have substantial difficulty or lack capacity as defined in the relevant legislation including the Care Act, Mental Health Act 1983 (MHA), Mental Capacity Act and DoLS Codes of Practice.

The service meets our duties placed on us under various pieces of legislation including the Care Act 2014.

2.0 Background

The Care Act 2014 has consolidated the duty for Local Authorities to provide Independent Advocacy for individuals who would experience substantial difficulty in being involved with the care and support process, or safeguarding, or Safeguarding Adults Review (SAR); and does not have an appropriate individual to support them. Where someone is unable to fully participate in these conversations and has no one to help them, local authorities must arrange for an Independent Advocate.

The existing service has the following elements;

• Care Act Statutory Advocacy;

• Non-Statutory Advocacy;

• Independent Mental Capacity Advocacy (IMCA);

• Deprivation of Liberty (DoLS) Safeguards Relevant Person’s Representative (RPR);

• Independent Mental Health Advocacy (IMHA);

The Service provides Care Act 2014 (Care Act) and specialist advocates, and RPRs to work as required within national guidelines and recognised good practice, to support and represent People who have substantial difficulty or lack capacity as defined in the relevant legislation including the Care Act, Mental Health Act 1983 (MHA), Mental Capacity Act and DoLS Codes of Practice.

Every Local Authority has a duty to offer independent advocacy services.

3.0 Issues

The current contract began on 1st April 2022. The contract term is three years, to 31st March 2025, with an option to extend for a period or periods of up to a further 48 months in total.

Due to increased demand and associated cost pressures due to an ageing population the most appropriate course of action was to extend the current agreement for 1 year and undertake a re-procurement to re-establish a sound financial footing for the delivery of statutory advocacy services in North Yorkshire.

The current delivery model includes non-statutory advocacy. However, due to increasing demand, statutory advocacy has had to take priority. In 2023 the Council agreed with the provider for them to pause accepting any new referrals for non-statutory advocacy. As a result, we are seeking to remove non-statutory advocacy from the procurement of advocacy services.

We are proposing to include 1.2 Representative advocacy in the reprocured service, and this will replace the non-statutory advocacy offer within the current contract. Including this additional element of advocacy provision will deliver better value for money and provide greater control over the purchasing of this element of advocacy.

4.0 Alternative Options considered

Local Authorities have a legal duty under the Care Act (2014) to provide people with independent advocacy services that have no connection to the Local Authority or alternative statutory organisations to ensure impartiality. As a result, we have no other options available to us other than undertake a procurement exercise.

5.0 Financial Implications

Financial modelling completed when the service was last procured in 2021/22 is now significantly out of date. The contracted rates are no longer sustainable and fall well below what other Local Authorities pay for Advocacy. The budget for Advocacy Services will need to increase in order to ensure the Council continues to meet its statutory duties under the Care Act (2014).

6.0 Legal Implications

The procurement exercise will be undertaken in accordance with the Procurement Act 2023, the Procurement Regulations 2024 and the Council’s Procurement and Contract Procedure Rules.

7.0 Consultation undertaken and responses

Market engagement has been completed as part of the pre-procurement phase. 7 responses were received to the request for information. The responses were positive towards the planned service delivery and provided current costs to deliver an hour of Advocacy service. The financial information provided alongside wider engagement with other Local Authorities has ensured the Council has a good understanding of the current advocacy market.

8.0 Impact on other services/organisations

The service is part funded with the three Integrated Care Boards that cover the Council footprint, and we have an agreed funding split which represents their activity and population density.

9.0 Contribution to Council priorities

The service supports the Council in delivering its statutory duties under the Care Act (2014)

10.0 Equalities Implications

EIA Screening Tool has been completed, showing no requirement to proceed to a full EIA. The service ensures that the views of people who have substantial difficulty or lack capacity have their views heard and are fed into decisions that are being taken around their care and treatment.

11.0 Climate change implications

The services need to be offered across North Yorkshire and can be offered virtually, however, many of the appointments need to be in-person discussions, due to the needs of the individuals who are likely to need support from an Advocate. Further discussions will be held over the life of the re-procured contract to ensure that any travel costs can be mitigated and in turn see a reduction in carbon emissions.

12.0 Reasons for recommendation

To ensure that Health & Adult Services can meet its duties and ensure that people who require statutory advocacy have access to this service and their views are heard.

14.0 Recommendation

It is recommended that the Corporate Director of Health and Adult Services, in consultation with the Executive Member for Health and Adult Services, approves the re-procurement of the contract for the provision of Independent Advocacy Services.

Name and title of report author

Steven Crutchley, Strategic Service Development Manager