Seanad debates

Wednesday, 13 October 2010

Services for People with Disabilities: Motion

 

4:00 pm

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)

I am setting this up under the Citizens Information Board which means all of the services of the Citizens Information Board are also available as support for the advocates. They are not operating in an island but rather in the context of a much bigger board. The Citizens Information Board services are co-located in structure with the MABS offices and this will provide a comprehensive approach.

The Department is very supportive of the Citizens Information Board and increased the funding for the agency quite considerably, paying out €46 million to the agency in 2010. This is testament to the importance attached by the Department to providing information to people.

The Senator rightly pointed out the importance of advocates. People sometimes question why politicians act as advocates. When the well educated and well-off ask me, I have a very simple answer. I remind them if they were planning to go to court they would engage a solicitor even though they themselves are smart and well-educated; that they would hire an accountant to complete their tax returns. These professional people are, in effect, acting as advocates on a person's behalf and using expert knowledge to make the best case. The Department tries to provide resources for those who do not have such resources, using the resources of the State. I do not expect anyone to be apologetic about getting the support of people with expertise in whatever field is required.

Under the Comhairle Act 2000, the Citizens Information Board was given responsibility for supporting the provision of information, advice and advocacy services to assist individuals, in particular those with disabilities, in identifying and understanding their entitlements to social and public services. The importance of information provision and advice cannot be overstated. As a Minister and public representative, I am very aware that people's rights and entitlements are often dependent on access to good independent advice. This is particularly relevant to those who are marginalised or who need somebody else to advocate on their behalf. Under the Citizens Information Act 2007, the CIB received a remit to provide advocacy services to people with disabilities. The Act defines disability as meaning a substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State, by reason of an enduring physical, sensory, mental health or intellectual impairment. It is important we are all clear about what is meant by advocacy in this regard. In the context of its legislation, the Citizens Information Board defines advocacy as a means of empowering people by supporting them to assert their views and claim their entitlement and where necessary, representing and negotiating on their behalf.

Many people are able to do this to some degree, either for themselves or for friends or family members but in many situations the issues of independence and competence will arise. Therefore, it is important the advocate is well informed, is knowledgeable about regulations and precedents and is able to act on the wishes or in the best interests of the person with a disability without any tie to a service provider or any conflict of interest. This independence is crucial and it is the reason the advocacy functions for people with disabilities was devolved to the Citizens Information Board. The advocacy guidelines 2007 state, "delivering a professional advocacy service means providing a trained person who, on the basis of an understanding of a client's needs and wishes, will advise and support that client to make a decision or claim an entitlement and who will, if appropriate, go on to negotiate or make a case for him or her". This person-centred approach is considered essential by international best practice. While some level of advocacy support has always been provided by the Citizens Information Board services, additional measures were required to ensure those with a disability are given the advocacy help they need.

In preparation for the proposed legislation, the CIB commissioned research from Goodbody Economic Consultants. The report, Developing an Advocacy Service for People with Disabilities, was launched in 2004 by Deputy Mary Coughlan, then Minister for Social and Family Affairs. The report proposed a three-strand approach: the establishment of a personal advocacy service to deal with critical and complex issues only, to be provided by the CIB in line with the new Act; a programme of support for community and voluntary sector advocacy; and a community visitor programme to focus on people with cognitive disability in residential institutions. Following the report it was agreed to concentrate on the implementation of the first and second strands. Arising from the national disability strategy and the Disability Act 2005, the Citizens Information Board was given responsibility to provide advocacy services to people with disabilities under the Citizens Information Act 2007. The primary purpose of the Act was to establish a personal advocacy service to be delivered directly by the CIB. Implementation of the Act was deferred by the Government in 2008 due to budgetary constraints. However, following the publication of the Goodbody report in 2004, the Citizens Information Board began the process of engaging with the community and voluntary sector in order to develop advocacy provision at local level for people with disabilities. This was in line with the national disability strategy and the proposed citizen information legislation. By the end of 2009, 46 pilot projects had provided advocacy to more than 5,000 service users.

In order to measure the effectiveness of the community and voluntary sector advocacy programmes, CIB carried out a major evaluation and case analysis in January 2009. The evaluation focused on two areas, a case review and analysis and a structural review and analysis. Before outlining the recommendations of the evaluation report, I take this opportunity to acknowledge the important work by those working in the advocacy projects and all those people on the various advocacy steering committees and on the boards of the Citizens Information Board, who gave their time over the past number of years to help to build up the service.

Part of the process in conducting the evaluation involved meeting with the stakeholders from eight selected projects, facilitating focus groups with more extensive project participation, examining a random selection of case files and tracking 20 live cases. I also wish to thank those people who were involved in this part of the evaluation and I acknowledge their valuable contribution to the report.

The finding of the evaluation of the 46 projects identified the significantly positive impact of the programme on people with disabilities and the number of people who benefited from the services provided to date. The evaluation report also identified a number of weaknesses in the existing service, such as the geographical gaps in the delivery of the service and the fact that some projects were working in isolation. There was no dedicated management structure and the ability to escalate or deal with complex cases was impaired. There were no senior advocates within the service. These issues were addressed in the recommendations of the evaluation report which also set out the future role of advocacy in the community and voluntary sector. The report recommended a new service that would enhance and protect the independence of the advocate to represent people's disabilities; improve the quality, capacity and level of advocacy response to a point where the service is capable of developing and sustaining itself and is not limited by structural arrangements; demonstrate and communicate the worth and value generated for the money invested and the time given by all involved in the provision of advocacy; and maximise the collaboration and partnership between all stakeholders which is central to the success of the advocates' work with service users. The report recommended increasing the level of diversity among those advising on or working to improve the situation for people with disabilities who use the advocacy service. This has a direct impact on the quality of the solutions found. It also recommended building capacity and confidence that the most vulnerable are being reached. We must ensure the voice of the service user is at the centre, informing the ongoing design of the advocacy service. The review noted the benefit of having advisory groups with representatives from service providers and service users. I want this to continue in the new service.

Regarding the proposed introduction of a personal advocacy service, the report notes that the evaluators found a small number of cases that would have qualified under the personal advocacy service and where the presence of statutory power could have been crucial. The report also notes that cases pertinent to the personal advocacy service are being dealt with but can be time-consuming owing to the complexity of the issues presented. It is important we continue to improve the services we deliver. The evaluation report acknowledges that taking it to the next level and delivering increased value with fewer resources will require change. A new model of representative advocacy, informed by collaboration and partnership, is required.

In light of this, with particular emphasis on independence, the report suggests a new structure for the roll-out of advocacy services in the community and voluntary sector. It recommends bringing together the experience and learning of all stakeholders into a single service, with the ability to provide improved advocacy services to people who need them regardless of location, disability type or level of vulnerability. The new structure will provide the independent representative advocacy service for people with disabilities that is needed as we move into more challenging times in 2011 and beyond. It will be regionally structured, with five regional teams replacing the existing pilot projects. The five regional teams will be managed by the citizens information service in Dublin, Westmeath, Offaly, Waterford and Leitrim but there will be 100% coverage of the territory of the State.

Some people will not arrive at the citizens information centre seeking assistance so, importantly, the new service will seek out those most vulnerable people with disabilities who cannot self-refer, who are isolated in the community or who are living in residential settings. It will offer an independent advocacy service, which will protect their rights, help them gain their entitlements, obtain a fair hearing and make positive changes to their quality of life. The new service will help to meet the commitments made in the national disability strategy, in my Department's disability sectoral plans and in the Citizens Information Act 2007, to support and provide direct advocacy services to individuals, in particular those with a disability.

The new model will see 46 individual pilot projects replaced by five regional teams based within an established citizens information service. The five teams will work to a national strategy in a co-ordinated way, working closely with the Citizens Information Board and supported by national and local advisory groups made up of key stakeholders. The new service will be undertaken within current resources and is in accordance with Government policy to provide a more integrated service and give value for money in how services are delivered. The new service is committed not only to identifying those in need but also building networks locally to ensure all services provided - governmental, community and voluntary - are made available to those who require them. I note that one of the positive outcomes of the review of the pilot project was the benefit of having advisory groups with representatives from several service providers such as my Department, the HSE and local authorities, as well as local representatives of disability groups, such as the Disability Federation of Ireland, Inclusion Ireland, centres for independent living, the National Disability Authority and others. I want this to continue in the new service. I welcome the positive response from these stakeholders to the new service and the feedback and commitment given to the Citizens Information Board as it continues to engage with the stakeholders. In addition, advocacy support workers will be recruited to support the provision of an enhanced mainstream service so that more people with disabilities can access and use the general citizens information services, while the national advocacy service will seek out and respond to more vulnerable people with disabilities. Along with the new national advocacy service, the provision of these support workers will be undertaken within current resources and will provide a more integrated service while achieving better value for money. There is much work to be done between now and January 2011 and in the years ahead. The Citizens Information Board has shown it can meet the challenges, however, and continues to have my support and the support of my Department in achieving these objectives.

I thank those involved in advocacy pilot projects over recent years, providing assistance to more than 5,000 people. I am confident a new advocacy service will provide a more professional, independent, mainstream, representative advocacy service and will give a voice to people with disabilities who are isolated in the community or living in residential institutions and cannot represent themselves. The service will protect their rights, help them gain their entitlements and obtain a fair hearing, and make positive changes in their lives.

Education was referred to. Staff resources will be made available and there is no issue with embargoes. The funding is available and we will get on with the job. There will be senior advocates and advocates working under them. It will be well structured.

Ensuring those with disabilities have access to employment opportunities is dear to my heart. Many people would prefer to be at work than be idle. I assure the House I am working hard on that issue. I have been in contact with groups who represent people with disabilities, especially people who work with others to provide employment. I hope to bring forward practical ways to enhance access to work for those with disabilities. This is a basic entitlement.

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