IMHA
Independent Mental Health Advocacy (IMHA) - key aspects of the role.
1. Independent Mental Health Advocacy (IMHA) is being made available to help qualifying patients:
- Advocates will be subject to regulations and paid
- Independence means that advocacy should, so far as is practicable, be provided by a person who is independent of any person who is professionally concerned with the patient’s medical treatment.
2. The function of the IMHA will include helping patients in obtaining information about and understanding:
- The provisions of the legislation under which he/she is subject to
- Any conditions or restrictions he/she is subject to
- the medical treatment being given, proposed or being discussed and the authority under which this would be given and the requirement that would apply.
3. IMHA would also help a patient in obtaining information about and understanding his/her rights and how to exercise those rights
In order to provide this help, IMHAs will be able to:
- Visit and interview a patient in private
- Visit and interview any person who is concerned with his/her medical treatment
- Require the production of and inspect any records relating to the detention or treatment in any hospital or registered establishment or to any after-care services provided under sec 117
- Require the production of and inspection of any social services authority records which relate to the patient.
IMHA will ONLY be able to do the able to look at records where the patient has capacity and gives consent.
If the patient lacks capacity the production and inspection of records cannot conflict with a decision of a donee, deputy or the Court of Protection (Mental Capacity Act 2005) and the person holding the records considers it is appropriate and necessary.
4. IMHA will have a duty to comply with any reasonable request to visit a patient received from a nearest relative, responsible clinician or approved mental health professional but the patient can decline support from the advocate.
5. Patients will qualify for an IMHA if:
- they are liable to compulsory treatment under the powers of the Act, except in certain emergency situations
- they are on supervised community treatment
- they are informal patients who are discussing the possibility of treatment to which S57 or S58A applies (neurosurgery for mental disorder or ECT for patient under 18 years).
6. A duty to inform patients about the advocacy service and take all steps practicable to ensure they understand what is available to them and how they can obtain help is placed on hospital managers, responsible clinicians and social services (in the case of guardianship).
Information about the advocacy service and how it can be contacted also has to be given to the nearest relative unless the patient asks that it is not.
Summary sheet on the role of the IMHA here.
Powerpoint presentation on the role of the IMHA here.