Adult Social Care Glossary, v 0.6

130A Independent mental health advocates: England

(1) A local social services authority whose area is in England shall make such arrangements as it considers reasonable to enable persons (“independent mental health advocates”) to be available to help qualifying patients for whom the authority is responsible for the purposes of this section.

(2) The Secretary of State may by regulations make provision as to the appointment of persons as independent mental health advocates.

(3) The regulations may, in particular, provide—
(a) that a person may act as an independent mental health advocate only in such circumstances, or only subject to such conditions, as may be specified in the regulations;
(b) for the appointment of a person as an independent mental health advocate to be subject to approval in accordance with the regulations.

(4) In making arrangements under this section, a local social services authority shall have regard to the principle that any help available to a patient under the arrangements should, so far as practicable, be provided by a person who is independent of any person who is professionally concerned with the patient's medical treatment.

(5) For the purposes of subsection (4) above, a person is not to be regarded as professionally concerned with a patient's medical treatment merely because he is representing him in accordance with arrangements—
(a) under section 35 of the Mental Capacity Act 2005; or
(b) of a description specified in regulations under this section.

(6) Arrangements under this section may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.

(7) Regulations under this section—
(a) may make different provision for different cases;
(b) may make provision which applies subject to specified exceptions;
(c) may include transitional, consequential, incidental or supplemental provision.

130B Arrangements under section 130A

(1) The help available to a qualifying patient under arrangements under section 130A above shall include help in obtaining information about and understanding--
(a) the provisions of this Act by virtue of which he is a qualifying patient;
(b) any conditions or restrictions to which he is subject by virtue of this Act;
(c) what (if any) medical treatment is given to him or is proposed or discussed in his case;
(d) why it is given, proposed or discussed;
(e) the authority under which it is, or would be, given; and
(f) the requirements of this Act which apply, or would apply, in connection with the giving of the treatment to him.

(2) The help available under the arrangements to a qualifying patient shall also include--
(a) help in obtaining information about and understanding any rights which may be exercised under this Act by or in relation to him; and
(b) help (by way of representation or otherwise) in exercising those rights.