Legal Q&A: What is a child advocate?

An advocate must act in a child's interests and act independently - for example, if employed by the local authority or a school, they must only concern themselves with the view of the child or young person. A child advocate cannot represent the child in court proceedings although they may be called upon to give evidence at certain stages.

Which children are entitled to an advocate?

Children and young people do not have an absolute legal right to an advocate but can receive support in some situations. The Children Act 1989 gives the right to looked-after children to make representations and complaints to the local authority regarding their care arrangements. The Adoption and Children Act 2002 placed a duty on local authorities to make arrangements for the provision of advocacy services for care leavers and other children using children's services who are making or intending to make a complaint. The Children (Leaving Care) Act 2000 requires responsible authorities to make sure young people have access to independent advocacy services to support them through complaints procedures.