Legal Update: Legal Q&A - Advocates

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.

There is no legal right to have an advocate attend a child protection conference. However, child advocates are included as one of the accepted professionals to attend.

Do you have any questions?

The Child Law Advice Service provides legal advice and information on areas of child, family and education law.

Please visit www.childrenslegalcentre.com and follow the link to the Child Law Advice Service to view a range of legal factsheets and guides.

For clarifying questions, call the helpline number at the end of each factsheet.

The helpline is available Monday to Friday 8am to 6pm.