Adult Social Care Glossary, v 0.6

Independent Mental Health Advocates: conditions

6.—(1) A person may not act as an IMHA unless the conditions specified in paragraph (2) are satisfied.

(2) Those conditions are that the person referred to in paragraph (1)—

(a) has appropriate experience or training or an appropriate combination of experience and training;
(b) is a person of integrity and good character;
(c) is able to act independently of any person who is professionally concerned with the qualifying patient’s medical treatment; and
(d) is able to act independently of any person who requests that person to visit or interview the qualifying patient.

(3) For the purposes of the condition referred to in paragraph (2)(a) regard must be had to standards in guidance that may be issued from time to time by the Secretary of State.

(4) The standards referred to in paragraph (3) may include any qualification that the Secretary of State may determine as appropriate.

(5) For the purposes of the condition referred to in paragraph (2)(b) there must be obtained in respect of that person—

(a) an enhanced criminal record certificate issued pursuant to section 113B of the Police Act 1997 (enhanced criminal record certificates); or
(b) if the purpose for which the certificate is required is not one prescribed under subsection (2) of that section, a criminal record certificate issued pursuant to section 113A of that Act (criminal record certificates).

Persons not professionally concerned with a patient’s medical treatment

7. For the purposes of section 130A(5) of the Act a person is not to be regarded as professionally concerned with a qualifying patient’s medical treatment if that person—

(a) is representing the patient in accordance with—
(i) arrangements made for the purposes of section 130A functions;
(ii) arrangements made other than for the purposes of that section;
(b) has in the past represented the qualifying patient in accordance with arrangements referred to in sub-paragraph (a) and in doing so was not otherwise professionally concerned in that patient’s treatment.