Independent Mental Health Advocacy (IMHA)

What is an IMHA?

An IMHA is a independent advocate who has been trained to support people to understand their rights under the Mental Health Act 1983 (the Act) and to ensure they are able to participate in decision-making about their care and treatment.

An IMHA can help people to:

  • Understand the reason(s) for their detention and their rights under the Act (including how to appeal to a Tribunal)

  • Understand the medical treatment that they are (or could be) given

  • Access information and support them to understand it

  • Be involved in decisions about their care and treatment

  • Prepare for and participate in meetings and make sure their voice is heard

An IMHA has a right to:

  • See the person in private (unless they are under close observation, in seclusion or clinical staff advise against it for safety reasons)

  • Have access to wards to visit patients

  • Access relevant patient records (with consent from the patient or, if they lack capacity to consent, if access to the records is necessary for the IMHA to do their job effectively)

  • Attend relevant meetings if requested by the patient

Who can have an IMHA?

Access to an IMHA is a statutory right for anyone who is a “qualifying patient”. This includes people who are:

  • Detained under a section of the Mental Health At 1983 (other than sections 4, 5(2), 5(4), 135 or 136)

  • A conditionally discharged restricted patient

  • Subject to a Guardianship or Community Treatment Order

  • Being considered for or receiving treatment under s.57

  • Under 18 and being considered for electro-convulsive therapy or any other treatment to which section 58A applies

Who can refer?

All providers of care for qualifying patients (whether NHS or private) have a legal duty to provide information about the IMHA service to eligible patients. They also have a duty to support patients to communicate with the IMHA service and/or to refer themselves

Referrals for the IMHA service can be made by:

  • The person

  • The person’s nearest relatives / next of kin

  • A responsible clinician, member of the ward staff or Approved Mental Health Professional

For patients with capacity, referrals should not be made without their knowledge and consent.