Independent Mental Health Advocate (IMHA)

When Do You Qualify for an IMHA?

In England, you're eligible for an Independent Mental Health Advocate (IMHA) if you're detained under the Mental Health Act 1983, with a few exceptions.

These include :

Emergency Detentions
If your held under Section 5 holding powers
You have been taken to a place of safety under section 135 and 136 of the Mental Health Act

You're also eligible if you're on leave from the hospital, absent without leave, or under a community treatment order (CTO), among other conditions.

Such as :

You are subject to guardianship
You are a conditionally discharged restricted patient
You are a voluntary/informal patient and certain treatments, including neurosurgery, are being considered for you

What Does "Qualifying Patient" Mean?

If you're eligible for an IMHA, you're known as a "qualifying patient". You have a legal right to IMHA support, and local authorities must provide this service.

If you're denied this support, consider seeking legal advice from a mental health or community care solicitor.

For more on legal help, visit Citizens Advice.

How Can an IMHA Assist You?

An IMHA can help you understand your rights and the decisions made about your care under the Mental Health Act. They can also guide you through any medical treatments you're receiving or might receive in the future.

Practical Support from an IMHA

IMHAs can help you exercise your rights, voice your opinions, make complaints, and even represent you in meetings or at Mental Health Tribunal hearings.

What Should You Expect from Your IMHA?

Your IMHA should have access to your ward and your medical records (with your consent). They should be able to meet you privately and accompany you to meetings with healthcare professionals.

How to Get IMHA Support

You can request IMHA support from ward staff, your responsible clinician, or an approved mental health professional (AMHP). Hospitals should provide a private phone for you to contact an IMHA.

Can Others Request IMHA Support for You?

Yes, your nearest relative, AMHP, or responsible clinician can request an IMHA visit for you. However, the final decision to engage with an IMHA is yours.

If you lack the capacity to make this decision, the hospital manager must arrange for an IMHA to visit you and explain their role.

Learn More About The Mental Capacity Act

What Legal Rights Do You Have to an Advocate?

You may have a legal right to an advocate in specific circumstances, known as 'statutory advocacy'.

In England and Wales, there are three main types of statutory advocates :

Independent Mental Health Advocates (IMHAs): These advocates are trained to assist individuals under the Mental Health Act 1983 . The regulations differ between England and Wales. Learn More About IMHAS
Social Care Advocates: These advocates operate under the Care Act 2014 in England and the Social Services and Wellbeing Act in Wales. Learn More About Social Care Advocates
Independent Mental Capacity Advocate (IMCA): IMCAs are appointed to support people who lack the mental capacity to make specific important decisions, such as serious medical treatment or changes in living arrangements, particularly when there are no other family members or friends suitable to represent their interests. This advocacy is mandated under the Mental Capacity Act 2005. Learn More About IMCAS

Frequently Asked Questions

What training do IMHAs receive?

IMHAs undergo specialized training to understand the Mental Health Act, the rights of patients, and the healthcare system. This training equips them to provide effective support and representation for individuals under the Act.

Are there any age restrictions for accessing IMHA services?

While IMHA services are primarily for adults, young people under the age of 18 who meet certain criteria under the Mental Health Act may also be eligible for IMHA support, especially if they are detained or being considered for treatment under the Act.

Can IMHA services help with issues unrelated to my mental health treatment?

While IMHAs focus on rights and care under the Mental Health Act, they can also provide guidance or refer you to other services for issues indirectly related to your mental health treatment, such as housing or social care services.

How is confidentiality handled with an IMHA?

IMHAs adhere to strict confidentiality rules. Information about your condition or treatment is only shared with your consent, unless there's a legal obligation or a serious risk to safety.

What if I'm not satisfied with my IMHA?

If you're not satisfied with the support from your IMHA, you can request a different advocate. It's important to communicate your concerns to the advocacy service provider to ensure your needs are met effectively.

Can I access IMHA services after being discharged?

Yes, if you were eligible for IMHA services while detained under the Mental Health Act, you can continue to access these services for a period after discharge, especially if you're subject to aftercare arrangements under Section 117 of the Act.

How do IMHA services integrate with other forms of advocacy?

IMHAs often work alongside other advocates, such as IMCAs or social care advocates, to provide comprehensive support. They may collaborate to ensure your rights are protected across different areas of your life, not just within mental health care.