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Legal Update: Legal Q&A - Advocates

Q When is a child entitled to an advocate?

A The role of an advocate is to empower a child or young person, and support them to have their say. They may give advice, raise the child's awareness about their rights and entitlements, speak up for a child or young person and represent their views, wishes and feelings.

Children and young people do not have an absolute legal right to an advocate, but can receive support from an advocate in certain 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. This is further reinforced in the Adoption and Children Act 2002, which places a duty on local authorities to assist looked-after children who want to make a complaint. Both of these sources imply that local authorities should share information with children and young people about advocacy services.

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