How do I qualify for an IMHA?
If you have been detained under the Mental Health Act, are at risk of being detained under it, are on a Supervised Community Treatment Order (CTO) or subject to a Guardianship Order, you are legally entitled to support from an IMHA.
Having the support of an IMHA is a statutory service. This means that, under the Mental Health Act, the NHS and private care providers must provide people with information about their right to an IMHA. They should also make referrals to the service if someone wants or needs an advocate.
How can an Independent Mental Health Advocate help?
- Explaining how the Mental Health Act affects people, including any conditions and restrictions.
- Helping people understand their rights and how to exercise them.
- Clarifying the rights of others under the Mental Health Act (e.g., nearest relatives).
- Assisting people in accessing free legal support to appeal to a Mental Health Review Tribunal.
- Supporting people to express their views, wishes, and feelings about their care and treatment.
- Attending meetings, such as ward reviews, multidisciplinary reviews, or discharge planning meetings.
- Helping with complaints or raising concerns about care and treatment.
- Assisting in accessing care and treatment records.
If people are unable to communicate their wishes, advocates use a ‘non-instructed advocacy’ approach. This means they work creatively to understand and represent the person’s views and wishes as much as possible to ensure their rights are upheld.
Who can make a referral?
- The individual wanting support
- The nearest relative
- The Mental Health Act office
- Hospital ward staff
- Responsible Clinicians
- Community Mental Health Teams
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