IMHA
The Independent Mental Health Advocacy
service supports patients under the Mental
Health Act.
Aims of the service
- To provide an additional safeguard for
patients subject to the Mental Health Act
(the "Act")
- To complement, not replace any other
advocacy or support services available to
patients.
Who is eligible for IMHA services?
Patients are eligible for support from an
IMHA if they are:
- Detained under the Mental Health Act
(even if they are currently on leave of
absence from hospital)
- Conditionally discharged restricted
patients, subject to guardianship; or
supervised community treatment (SCT)
patients
- Some informal patients being considered
for treatment e.g. those being considered
for ECT.
Patients detained under some sections are not
eligible for the IMHA service e.g. Sections 4,
5, 135 and 136.
The role of the IMHA
- Helping patients to understand and to
exercise their rights under the Act
- Representing and negotiating on behalf
of patients
- Supporting patients in decisions made
about their care and treatment
Examples where an IMHA may help patients
include:
- Understanding the parts of the Act which
apply and the basis on which they are
detained
- Any conditions or restrictions to which
they are subject e.g. as a condition of
leave of absence, community treatment order
or conditional discharge
- Medical treatment e.g. reasons given and
legal authority and safeguards for providing
treatment
- The rights of other people e.g. nearest
relatives
IMHAs have special legal rights of access to:
- Patients and professional caring for
service users
- Patient records – if the patient
requests this and subject to conditions.
Accessing the IMHA service
Certain people responsible for the care of
patients e.g. hospital managers have a duty to
inform patients in writing and orally about IMHA
services. Nearest relatives should also be
informed of IMHA services unless the patient
requests otherwise. Patients can self refer by
contacting Bath Mind, speak to the advocates
directly when they visit the wards or ask a
member of staff to make a referral. |
