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.

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.

A service that should be offered to you if you are being treated in hospital or somewhere else under the Mental Health Act. Independent Mental Health Advocates are there to help you understand your legal rights, and to help make your views heard. This is not the same as Independent Mental Capacity Advocacy (IMCA), which is for people who are unable to make certain decisions and have no one to support or represent them. But there may be times when someone needs both an IMHA and an IMCA.