Advocate sets out how safeguarding loophole can be plugged

Martin Shipton

An advocate for vulnerable people believes she has identified a legal loophole that can leave safeguarding concerns unreported.

Debbie Thompson lives near Denbigh and is a qualified counsellor who previously worked for Citizens Advice.

She said: “Vulnerable people in mental health units across the UK are not being adequately safeguarded, and the law is enabling this to continue unchecked. I’ve written a briefing document which clearly outlines the loophole and suggests practical steps the Welsh Government – and beyond – could take to close it.

“I’m also gathering irrefutable proof that this isn’t just a one-off: it’s happening in mental health services across the UK.”

‘Regulated services’

Ms Thompson’s document states: “Vulnerable adults detained under the Mental Health Act (MHA) in Wales are entitled to an Independent Mental Health Advocate (IMHA). Wales has gone further than England by extending this to all inpatients receiving mental health care — a progressive step rooted in compassion and rights-based care.

“However, due to a legal loophole, these advocacy services are not classed as “regulated services” under the Social Services and Well-being (Wales) Act 2014 (SSWBA) — and are not legally required to report safeguarding concerns.

“What’s the problem?

IMHAs are not legally bound to report abuse, neglect, or risk.

The Mental Health Act does not include a safeguarding duty for advocates.

The NHS and local authorities commission and fund these services, creating conflicts of interest.

Charities may fear ‘biting the hand that feeds them’ by raising concerns.

The responsibility is often passed back to vulnerable patients, despite their inability to navigate formal complaints systems alone.

“The Consequence:

“Adults experiencing serious trauma, coercion or institutional failings may never be protected, as the only person they trust — their advocate — is not required to act.

“This undermines:

The spirit and letter of safeguarding law

Public confidence in independent advocacy

The safety and dignity of those most at risk

Proposed Solutions for the Welsh Government

1. Regulate Mental Health Advocacy Services

Include IMHAs under the list of “regulated services” in Wales.

Ensure the legal safeguarding duty applies as it does in other care settings.

2. Amend Welsh Mental Health legislation or Issue Statutory Guidance

Introduce an explicit legal duty for IMHAs to report safeguarding concerns.

Clarify expectations around advocate responsibility and protection.

3. Reform Commissioning for Independence

Consider independent or arms-length commissioning bodies.

Embed safeguarding and whistleblowing protections into contracts.

4. Provide Mandatory Safeguarding Training

Ensure all advocates understand legal duties and know how to safely raise concerns.

5. Create Anonymous Reporting Pathways

Establish routes for advocates to report concerns safely, without fear of employer reprisal.

Summary

Wales leads the way in inclusive mental health policy — but this loophole leaves vulnerable adults exposed. Closing it would:

Strengthen the integrity of independent advocacy

Ensure equal safeguarding protection across care sectors

Prevent serious harm and uphold Wales’s commitment to rights-based care

Service providers

Ms Thompson told Nation.Cymru: “I have written to all of the service providers in Wales and England, requesting the number of Safeguarding referrals from a funded Independent Advocacy service for children and adults from 2000-2004, with the additional question of ‘do they record this information?’. I’ll be analysing the responses with enormous interest.”