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The Independent Mental Health Advocate (IMHA) Service.

 From the 1st April 2009 new legislation came into effect under amendments to the Mental Health Act 1983 (the Act) introduced by the Mental Health Act 2007.

 Some summary information is provided here, however, this is not intended to be comprehensive and relevant persons are recommended to acquaint themselves with the legislation at the earliest opportunity.

Persons who qualify for the IMHA Service are:   

 ·        Being detained under a Section of the MHA* or are on leave of absence from hospital

 ·        Conditionally discharged and restricted patients

 ·        Subject to Guardianship

 ·        On Supervised Community Treatment

 ·        Being considered for a section 57 treatment

 ·        Under 18 and being considered for a Section 58A treatment like

          electro-convulsive therapy

 *This does not include emergency and short term detentions such as those made under Sections 4, 5(2), 5(4), 135 or 136

 

    The IMHA is entitled to:

 ·        Facilities to meet with the patient in private

 ·        Access relevant records, including medical records, but only with the consent of  the patient

 ·        Discuss the patient with professionals involved in their treatment

   An IMHA can support a patient by:

 ·        Assisting them to understand their rights & the rights others have in relation to them

 ·        Assisting them to find information, including information about any treatment and the legal authority for providing that treatment

 ·        Supporting them to have a voice in decisions affecting them by supporting them to speak out, or by representing their views, choices and opinions.

 

An IMHA is not:

·        Part of the team that will make decisions about a person’s detention   

           and/or treatment

 ·        A crisis or emergency worker

 ·        A legal advisor, lawyer or medical expert

 ·        The same as a friend, relative or carer 

   

A referral form for (Medway & Swale area only) may be obtained by contacting our office.

 Also, see The Department of Health’s  website for DoH ‘Myth Buster’ document which addresses some common misconceptions regarding the IMHA Service.

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