Independent Mental Health Advocacy (IMHA)

The role of the IMHA is to provide a statutory safeguard to qualifying patients to help them to understand and exercise their rights with regard to their care and treatment under the Mental Health Act (1983).

IMHA Eligibility Criteria

The Service will make an IMHA available to all qualifying patients across psychiatric intensive care units in Camden and Islington and also other sites where the Camden and Islington NHS Foundation Trust has purchased a psychiatric bed for a Camden patient.

An IMHA may also support qualifying and non-qualifying patients in a range of ways to ensure that they can participate in the decisions that are made about their care and treatment.

To be eligible for an IMHA the individual (qualifying patient), must meet one of the following criteria:

• Detained or liable to be detained under the Mental Health Act (1983)
• Subject to a Community Treatment Order (CTO) (S.17A)
• Subject to Guardianship (S.7) or a Guardianship Order S.37)
• A conditionally discharged restricted patient.
• An informal patient but (S.57) medical treatment is being proposed
• Under 18 and being considered for ECT/S.58A treatment.

Individuals subject to Sections 4, 5(2), 5(4), 135 or 136 are not eligible for IMHA Services.

An IMHA will also provide an equivalent service to non-qualifying patients with ongoing mental health needs who are experiencing crisis in their mental health in the following circumstances:

• They are aged over 16
• They have been admitted into an Islington or Camden psychiatric bed
• They are voluntary and receiving treatment of their own free will

IMHA Referral information

There is a statutory duty on the IMHA to respond to referrals where it is made by the patient’s nearest relative, an Approved Mental Health Professional (AMHP) or the patient’s Responsible Clinician.

It is ultimately the responsibility of the Hospital Managers to inform qualifying patients of their statutory right to an IMHA.

However, CIIAS IMHAs will have identified wards and approach clients regularly and the Service will maintain a proactive approach to seeking referrals by providing clear information and guidance for patients about how to refer themselves to the Service.

Where advocacy support is required to appeal a Section 2 of the Mental Health Act, this must be done within the first 14 calendar days of the section and would take priority over a Section 3 referral.

Factors that may be less of a priority may include Tribunals where the patient is represented by a mental health solicitor.