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A voice for the most vulnerable in society.

IMHA

INDEPENDENT MENTAL HEALTH ADVOCATES (IMHAs)

The new legal right to advocacy – 2007 Amendments to the Mental Health Act 1983

Under the 2007 Act, there will be a legal duty to provide independent mental health advocates (IMHA) for 'qualifying' patients from 1st April 2009.

Who qualifies for an IMHA?

People will qualify for an IMHA if:

  • They are liable to compulsory treatment under the powers of the Act, except those in emergency short-term section
  • They are on supervised community treatment
  • They are 'informal' or 'voluntary' patients who are discussing the possibility of serious treatment such as neurosurgery for mental disorder or ECT for patients under 18 years

What will IMHAs do?

An IMHA will help patients in obtaining information about and understanding:

  • The provisions of the legislation and their legal position
  • Any conditions or restrictions that apply
  • Medical treatment

An IMHA will also help a patient in obtaining information about and understanding his/her rights and how to exercise those rights. They aim to empower people to participate in the decisions made about their care and treatment.

For example, by supporting them to:

  • Access information and to better understand what is happening to them
  • Explore options, make better informed decisions and to actively engage with decisions being made
  • Articulate their own views
  • Attend relevant meetings with staff at the request of the patient, speaking on their behalf
  • Participate in the decisions about their care and treatment

What extra rights will IMHAs have that other advocates do not have now?

To assist with supporting patients, IMHAs will be able to:

  • Visit and interview patients in private
  • Visit and interview any person who is concerned with his/her medical treatment
  • Require the production and inspection of any relevant record relating to the detention or treatment in any hospital or registered establishment or to any after-care services under section 117
  • Require the production and inspection of any relevant social services authority records which relate to the patient

Will an IMHA be able to access all of the patient's records?

  1. An IMHA will only be able to look at records where the patient has capacity and gives consent
  2. If the patient lacks capacity, the person holding the records can consider if it is appropriate and necessary that the IMHA sees them
  3. If the patient lacks capacity, the production and inspection of records cannot conflict with a decision of a deputy or a decision by the Court of Protection (Mental Capacity Act 2005)

How do patients get referred to an IMHA?

Referrals to IMHAs can come from anyone. IMHAs have a duty to respond to requests to visit a patient from:

  • Patient
  • Nearest relatives
  • Responsible clinicians
  • Approved mental health professionals

Patients can choose not to have an IMHA.

Who should tell patients about IMHAs?

A duty is placed on hospital managers, responsible clinicians and social services (in the case of guardianship) to inform patients about the advocacy services and to take all steps practicable to ensure they understand what is available to them and how they can obtain help.

When should patients be told about IMHAs?

  1. Patients have to be told about IMHA service as soon as practicable after they qualify for the service
  2. The information has to be given orally and in writing
  3. Copies of the information about the IMHA service and how it can be contacted should be given to nearest relatives, unless the patient specifically requests otherwise.

What happens when a patient does not qualify as a patient of NHS Hampshire?

The provider should contact the patient's responsible PCT to establish if they have any arrangements for out of area patients. Check if the qualifying patient can use the local advocacy providers and NHS Hampshire will invoice them for this service.

To make a referral for IMHA, contact us.