Code of Practice on Independent Advocacy for Children and Young People

Published on: 2 October 2025

Presented by: Minister for Children and Families

Reference: R.145/2025

This content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments. Please see the PDF for the official version of the document.

Contents

Introduction

This Code of Practice (the Code') is issued under Article 44(7A) of the Children and Young People (Jersey) Law 2022 [1] (the Law')

Advocacy service providers are required to have regard to the Code and an Independent Advocate (the advocate') must have regard to the Code when discharging their functions. To have regard to the Code means that advocacy services providers and independent advocates must carefully consider its guidelines, rules, and standards throughout their decision-making and practice.

About the Code of Practice

This Code provides a set of guidelines for advocacy service providers and independent advocates, offering clarity, support, and clear boundaries for their practice. It also serves as a framework for commissioners of advocacy services, outlining the expectations and objectives of the role, and specifying what both qualifying individuals and commissioners should expect from the delivery of the service.
The Code defines the standards and behaviours expected of advocates in their daily work with those they support, as well as what is considered outside the scope of their responsibilities.
The Code has been developed to ensure the consistent delivery of independent advocacy for children and young people in Jersey, maintaining the highest possible standards of practice.
This Code applies to the provision of independent advocacy services only.
Independent advocacy involves a one-to-one partnership between a trained, paid advocate and an individual. This support can address a single issue or multiple issues. The advocate's primary responsibility is to ensure that the individual's views are accurately represented, regardless of the advocate's personal opinion or the views of others about what might be in the individual's best interests.

Meaning of Independent Advocacy

Independent Advocacy is..

• about speaking up for and standing alongside individuals and in doing so, not being influenced by external organisations, service providers, or personal interests. This independence ensures that the advocate's sole focus is on the needs and wishes of the individual they are supporting.

• providing non-judgmental support and respecting the views of the individual for whom they are advocating, regardless of their own opinions or beliefs.

• finding out what makes an individual feel good and valued.

• understanding the individual's situation and what may be stopping them from getting what they want.

• offering the individual support to assist in telling other people what they want or introducing them to others who may be able to help.

• representing individuals in meetings, hearings, or other formal settings, ensuring their views and preferences are communicated effectively.

• helping an individual to know what choices they have and what the consequences of these choices might be.

• enabling a person to remain in control of their life, but taking up issues on their behalf if that is their wish.

Independent Advocacy is not

• making decisions for someone.

• telling or advising someone what they should do.

• solving someone's problems for them.

• mediation, counselling, befriending or mentoring.

• providing therapy.

• a relationship that disempowers people.

• acting in the interests or the wishes of someone other than the qualifying individual.

• always agreeing with the qualifying individual.

• providing legal advice, interpreting the law or representing individuals in a court of law.

Importance of independence in advocacy

The Law, as amended by the Children and Young People (Independent Advocates) (Jersey) Regulations 2025 [2] (the Regulations') stipulate that independent advocates must be independent of all persons involved in a professional or personal capacity with qualifying individuals. This independence helps to ensure that there are no conflicts of interest, so that advocates can focus solely on the needs and wishes of the people they are supporting.

To be effective and trusted, independent advocates should maintain the confidence of the individuals, carers, and the wider public they serve. Any compromise to this independence could undermine trust in the advocacy process and its outcomes.
The independence of the advocate is essential to enable them to act on behalf of the qualifying individual. Advocacy service providers should, as far as possible, be funded and managed in a way that ensures independence from the commissioning organisation.
To preserve independence of advocacy arrangements, commissioners and advocacy service providers should ensure that any potential issues of challenge and conflict are identified and addressed in the service level agreement between the parties. Advocacy service providers delivering other services to commissioners must ensure there is no actual or perceived conflict of interest. See Conflicts of Interest' section below.

Entitlement to Independent Advocacy in Jersey

Under Regulation 3 of the Regulations, the Minister must appoint an advocate for the following qualifying individuals:

• Children with a health or development need - referred to Article 44(1)(a) of the Law, who are entitled to a wellbeing plan under Article 18 of the Law

• Looked after children - referred to in Article 44(1)(b) of the Law

• Care leavers - referred to in Article 44(1)(c) of the Law

• Children who are the subject of arrangements to safeguard their welfare - under Article 5 of the Law

Non-instructed advocacy

Non-instructed advocacy is a recognised form of advocacy for individuals that are unable to express their own wishes, feelings, or preferences due to reasons such as young age, mental incapacity, communication difficulties, or severe cognitive impairments.
Advocates carrying out non-instructed advocacy should, on behalf of the qualifying individual, express to the best of their ability, the individual's views, wishes and feelings on decisions that affect them.
There are key differences between non-instructed advocacy for children versus adults that lie in the legal frameworks and the specific needs and rights of each group. Non-instructed advocacy for adults should emphasise autonomy and respect for the person's past preferences, while for children, the focus is protection, welfare, and ensuring their needs are met in a developmentally appropriate manner.
A breakdown of the distinctions between children's and adults' non-instructed advocacy appears below: Legal Frameworks and Rights

Children:

• For children, the focus should typically be on their best interests from a developmental perspective, guided by legislation, including the Children and Young People (Jersey) Law 2022 [3] and Children (Jersey) Law 2002 [4]. Advocacy services should also be developed and delivered to children in compliance with the United Nations Convention on the Rights of the Child (UNCRC)[5].

• Children should not be presumed to have full capacity, and their capacity to participate fully in decision-making processes should be assessed based on their age, maturity, and understanding. The legal framework for children is more protective, focusing on safeguarding and promoting the child's welfare.

Adults (18 and over):

• For adults, non-instructed advocacy operates within the context of the Capacity and Self- Determination (Jersey) Law 2016 [6] which primarily applies to adults aged 18 and over. The law focuses on protecting the rights of adults who cannot make decisions for themselves due to a lack of mental capacity.

• A non-instructed advocate should seek to uphold the individual's rights and ensures that best interest' decisions are taken with full consideration of their unique preferences, rights and perspectives.

• Article (6) of the Capacity and Self-Determination (Jersey) Law 2016 interprets best interests' as representing an individual's rights where they are unable to make decisions for themselves due to a lack of mental capacity. This is crucial in ensuring that representations made by advocates align as closely as possible with the individual's rights, well-being, dignity and preferences.

Decision-Making Process

Independent advocates, while not making decisions on behalf of the qualifying individual, contribute to and inform the decision-making process in the following ways:

Children:

• In the case of children, especially younger ones, the advocate should work closely with caregivers, social workers, and educators to understand the child's needs and best interests. The child's voice, while important, may be interpreted through a developmental lens, recognising that children may not always fully understand the implications of their choices.

• The advocate should ensure that the child's views are heard and considered appropriately, but decisions are ultimately guided by what is best for the child's welfare, safety, and development.

Adults (18 and over):

• When advocating for adults, particularly those with cognitive impairments, the process should involve gathering information about the adult's life history, consulting with people who know them well, and observing their behaviour to infer preferences.

• The decision-making process should be guided by the principle of making decisions in the adult's best interests, considering all possible relevant factors, including legal obligations to respect their autonomy.

All advocates should be trained in non-instructed advocacy in the first year following their appointment. Advocacy service providers should have at least one advocate who is trained to be able to carry out non- instructed advocacy.

Providing an effective independent advocacy service

An effective advocacy providershould:

• ensure services are well-publicised, accessible and easy to use.

• offer child-friendly resources that clearly explain the availability of independent advocacy for eligible individuals.

• provide appropriate assistance to individuals considering their specific needs.

• regularly seek feedback from qualifying individuals to help shape and direct its work.

• be responsive and provide help and advice as appropriate when contacted.

• operate to a high level of confidentiality and ensure individuals and partner agencies are aware of its confidentiality policies.

• have an effective and easy to use safeguarding policy.

• have an effective and easy to use complaints policy.

• ensure clear policies to promote equality issues and monitor provision of advocacy to ensure that no one is discriminated against.

• have a clear way of handling referrals and prioritising requests for advocacy and, where possible offer a choice of advocate.

• be clear that advocacy is free for qualifying individuals.

• ensure that individual's accessibility needs are catered for.

• be embedded in the local community that the advocacy provider serves. This should include being present in-person in the community that it serves and understanding Jersey's unique culture.

• have quality assurance systems that use evidence-based practice to measure the impact of independent advocacy.

• provide regular peer support opportunities for staff, volunteers and advocates to discuss good practice, areas for improvement, and advocacy dilemmas.

• ensure the Board of Directors or Trustees (if appropriate) know and understand their governance, legal and financial responsibilities including funding agreements for the organisation.

Commissioners and advocacy service providers should agree clear standards that define what high-quality advocacy looks like and develop proportionate performance indicators and benchmarks to measure the effectiveness of advocacy providers.

Publicising the Provision of Independent Advocacy

The Law atates that the Minister for Children and Families must make reasonable arrangements to ensure that qualifying individuals are aware of their entitlement to independent advocacy services. This will require information to be available in appropriate formats and accessible to the hardest to reach groups. The Entitlement to Independent Advocacy in Jersey' section above identifies the groups of qualifying individuals.

Charging for Advocacy

Independent Advocates are prohibited from charging a qualifying individual for the provision of independent advocacy services.

Eligibility Criteria for Independent Advocates

To be eligible for appointment as an independent advocate, a person must:

• have appropriate experience and training in advocacy for qualifying individuals;

• be able to provide sufficient evidence of their integrity and good character, including an enhanced criminal records certificate;

• meet any other qualification criteria set out in this Code.

To be eligible for the appointment as an independent advocate, it is desirable for a person to:

• have a good knowledge of enactments (and the policies and guidance produced under them) concerning children and young people in Jersey, in particular:

The Children and Young People (Jersey) Law 2022 [7]
The Children (Jersey) Law 2002 [8] in particular Part 3 (Ministerial support for children and families), Part 4 (care and supervision) and Part 5 (protection of children)
The Criminal Justice (Young Offenders) (Jersey) Law 2014 [9]
the Education (Jersey) Law 1999 [10] – in particular Part 6 (behaviour and discipline)
The Human Rights (Jersey) Law 2000 [11]
The Discrimination (Jersey) Law 2013 [12]

• have a good understanding of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child.

• have a good understanding of, and ability to communicate with, qualifying people who

are from cultural or ethnic groups for whom English is not their first language
have a physical or sensory impairment, a learning disability or difficulty, a neurodivergent condition, or have been assessed as lacking capacity.

It is important to note that a person's appointment as an independent advocate, either by an advocacy provider or by the Minister, does not constitute employment by the Government of Jersey.

Training and Qualification Standards for Independent Advocates

An individual appointed as an independent advocate under the Regulations should either hold or be working towards the City & Guilds Level 4 Independent Advocacy Practice (Level 4) qualification or equivalent.
In addition to providing the means to support an advocate to achieve a qualification, advocacy providers should ensure that all advocates have access to further relevant training, including:

• how to follow Jersey's Safeguarding Partnership Board Child Protection Procedures and Jersey Multi- Agency Adult Safeguarding Policy and Procedures Manual.

• entitlements to independent advocacy in Jersey.

• non-instructed advocacy.

• issues related to school exclusions, bullying, and access to education.

• Jersey's educational system, including rights and entitlements within schools and special education needs.

• ethical issues specific to working with minors, including confidentiality and informed consent.

• effective documentation and report-writing skills.

When is it inappropriate for an individual to act as an independent advocate?

It is inappropriate for an individual to act as an independent advocate if:

• they do not meet the eligibility criteria in Regulation 5 of the Regulations.

• they are someone that the qualifying individual does not want to support them.

• they are a family member or friend of the qualifying individual.

• they are already providing care or treatment to the person in a professional capacity or on a paid basis.

• they are the owner, registered provider, employee or agent of a support or care facility where the qualifying individual lives.

• they are unlikely to be able to, or available to, adequately support the qualifying individual.

• they are implicated in any enquiry of abuse or neglect against an adult or a child or whose actions have influenced a public authority's decision to consider exercising their safeguarding responsibilities.

Choosing an Advocate

There will be times when qualifying individuals will wish to choose their own advocate (not an independent advocate), for example, a relative, teacher, carer, friend or family member.
Individuals should be helped to understand the differences in the kind of support available and so are therefore able to make an informed choice between an independent advocate and someone else that they may choose.
Qualifying individuals may select an independent advocate of their choice unless the person is not qualified to act as an advocate under Regulation 5 of the Regulations, or if there are conflicts of interest which cannot be resolved satisfactorily to enable them to act as an independent advocate.
Any individual receiving the services of an independent advocate has the right to discontinue such services at any time. This right extends to individuals of all ages, including young infants, where applicable. If an individual, including a young infant, communicates (either verbally, non-verbally, or through any other means) that they no longer wish to receive the services of their independent advocate, the advocate should ensure the ending of services process involves safeguarding measures.

Conflicts of Interest

Between the independent advocate and qualifying individual:

Conflicts of interest can arise when an advocate's personal, professional, or financial interests may compromise their ability to act impartially and in the best interests of the individual they are advocating for.
To manage these conflicts effectively, independent advocates should:

• clearly identify any potential conflicts of interest and disclose them to all relevant parties.

• set clear professional boundaries to avoid dual relationships or any actions that could be perceived as conflicts of interest.

• consult with supervisors or peers when faced with potential conflicts of interest to ensure unbiased and ethical decision-making.

• maintain transparency with the individual being advocated for, ensuring they are aware of any potential conflicts and the steps being taken to address them.

Between the advocacy service provider and commissioner:

Conflicts of interests between an advocacy service provider and a commissioner can significantly impact the effectiveness and impartiality of the advocacy services provided.
To manage conflicts effectively, there should be:

• established clear contracts or agreements that delineate the roles, responsibilities, and boundaries between the advocacy service provider and the commissioner.

• transparency in all dealings with commissioners, including financial arrangements and reporting practices.

• regular reviews and evaluations of the advocacy service provider's work and the impact of their relationship with the commissioner to identify and address any emerging conflicts.

Independent advocacy should be as free as possible from conflicts of interests such as the parties holding multiple roles (for example as a provider, gatekeeper or funder of services) or being the family and friends of the qualifying individual.
Advocates should take all appropriate steps to avoid conflicts of interest occurring in their work with qualifying individuals. Where a conflict of interest does arise, it should be declared to their line manager and advice should be sought as to how to proceed.
Advocacy service providers should develop clear policies and procedures to identify and manage conflicts of interest. They should keep and regularly review a register of conflicts of interest, including how they are managed.

Complaints

Advocacy service providers should have a written and clear complaints policy describing how individuals, including relevant stakeholders, can make complaints or give feedback about the serivce provider or about individual independent advocates.
Advocates should be fully conversant with their organisation's complaints policy and be able to explain it in straightforward language to both service users and other relevant stakeholders.
Advocates should ensure that qualifying individuals are made aware of their right to make a complaint about the independent advocate or advocacy service provider.

Safeguarding

Advocacy providers should have written and clear adult and child safeguarding policies in place that enable the advocate to make a safeguarding alert or represent the qualifying individual through the process.
Advocates should have a good understanding in how to follow Jersey's Safeguarding Partnership Board Child Protection Procedures and Jersey Multi-Agency Adult Safeguarding Policy and Procedures Manual.
Advocacy providers should have strong links with local safeguarding agencies if alerts need to be raised. Confidentiality
Advocacy providers should have a written policy in accordance with the Data Protection (Jersey) Law 2018 [13].
Advocates should be fully conversant with their organisation's policy on confidentiality and be able to explain it in straightforward language including where information will be shared in a person's best interests in line with the Capacity and Self-Determination (Jersey) Law 2016 [14].
Advocates should at all times observe and respect the rights and remits of confidentiality for service users within the policy of the organisation which should include:

• Sharing information in line with the Data Protection (Jersey) Law 2018 and the Capacity and Self- Determination (Jersey) Law 2016 when it is deemed to be in the service users' best interests.

• Awareness of the responsibilities of being a data controller' under the Data Protection (Jersey) Law 2018 and the holding of data about service users.

Appendix 1 - Acknowledgements

This Code of Practice has been shaped by the valuable work of various organisations that have developed their own Codes of Practice across the UK, Scotland and Wales.

It was co-created by a dedicated working group, including advocacy providers in Jersey - My Voice, Barnardo's Jersey, and Jersey Cares - in collaboration with the Government of Jersey. Their contributions have been instrumental in shaping this document, ensuring it reflects best practice and the unique needs of Jersey's community.

Appendix 2 – Glossary

Adult	An individual who has reached the age of 18
Child(ren)	Individual(s) below the age of 18
Capacity	Ability to make decisions, consider choices, express views and receive and understand information. A person lacks capacity if they are unable to make a decision in relation to a particular matter if they are suffering from an impairment or disturbance in the functioning of their mind or brain.
Commissioners of advocacy services	The Minister for Children and Families through Government departmental officials.
Qualifying Individual	A person listed in the Children and Young People (Jersey) Law 2022, in relation to whom, or on whose behalf, independent advocates are appointed to act.
Safeguarding	Protecting a person's health, wellbeing and human rights and ensuring they are free from harm, abuse and neglect.
Service level agreement	A formal document that defines the level of service expected by a commissioner from a service provider.
Advocacy service Provider	A person or organisation who employs or engages people to provide independent advocacy services in accordance with the Law
The Minister	The Minister for Children and Families
Young People	Individuals who are aged 18 up to (but not including) the age of 25 and who are care leavers; or have a disability. "Disability" means – a disability that is a protected characteristic under paragraph 8 (disability) of Schedule 1 (protected characteristics) to the Discrimination (Jersey) Law 2013 [15]; or a "learning disability" or "mental disorder" as defined in the Mental Health (Jersey) Law 2016 [16]

[1] Children and Young People (Jersey) Law 2022 (jerseylaw.je)

[2] Draft Children and Young People (Independent Advocates) (Jersey) Regulations 2025

[3] Children and Young People (Jersey) Law 2022 (jerseylaw.je)

[4] Children (Jersey) Law 2002 (jerseylaw.je)

[5] UNCRC_summary-1.pdf

[6] Capacity and Self-Determination (Jersey) Law 2016 (jerseylaw.je)

[7] Children and Young People (Jersey) Law 2022 (jerseylaw.je)

[8] Children (Jersey) Law 2002 (jerseylaw.je)

[9] Criminal Justice (Young Offenders) (Jersey) Law 2014 (jerseylaw.je)

[10] Education (Jersey) Law 1999 (jerseylaw.je)

[11] Human Rights (Jersey) Law 2000 (jerseylaw.je)

[12] Discrimination (Jersey) Law 2013 (jerseylaw.je)

[13] Data Protection (Jersey) Law 2018 (jerseylaw.je)

[14] Capacity and Self-Determination (Jersey) Law 2016 (jerseylaw.je)

[15] Discrimination (Jersey) Law 2013

[16] Mental Health (Jersey) Law 2016