Performance issue: If clicking on a link doesn't do anything, press F5 to refresh the page
Independent mental health advocate
Please note: In these descriptions of proxies, representatives and advocates, Q refers to the person whom the proxy, representative or advocate is supporting or representing.
We are at an early stage of developing this resource, so please bear with us as we work on it.
Purpose of the role
IMHAs help people to understand their rights when their mental health treatment is being regulated by the Mental Health Act.
This role applies when
Q is a qualifying patient under the Mental Health Act (sectioning, guardianship, community treatment order, aftercare)
This role applies to
Mental capacity cases
Mental health cases
Always
Day to day living
Statutory definition of the role (if any)
Defined term | Act of Parliament/Statutory Instrument | Link |
|---|---|---|
Independent mental health advocate | Mental Health Act 1983, S.130A and 130B | https://www.legislation.gov.uk/ukpga/1983/20/section/130A |
The person in this role
Is professionally qualified to perform the role
Has a professional relationship with Q
Always
Has a personal relationship with Q
Is professionally independent of the organisation(s) involved
Must be
Has lived experience of Q's care and support needs
Sometimes
Speaks for/on behalf of Q
Yes
Safeguards Q's rights
Yes
Ensures Q's understanding
Yes
Is consulted about Q's health and welfare
Is consulted about Q's finances
Makes decisions about Q's health and welfare
Manages money on Q's behalf
Is the person formally appointed to this role?
Always
How many people can perform this role at one time?
One
Are there any other criteria for appointment?
Appropriate experience and/or training
Integrity and good character
Can act independently of professionals and of anyone else involved in the case
Who nominates/appoints them?
Is the appointment time limited?
Other comments