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Independent Mental Health Advocates (IMHA)

In this section

  1. 1
    Introduction
  2. 2
    Purpose
  3. 3
    Scope
  4. 4
    Legislation
  5. 5
    Associated policies
  6. 6
    Definitions
  7. 7
    Care Act duty to involve people in decisions that affect them
  8. 8
    What substantial difficulty means
  9. 9
    Care Act Advocacy for Adult Social Care processes including complaints
  10. 10
    Care Act Advocacy for safeguarding processes
  11. 11
    Who is appropriate to act as an informal representative
  12. 12
    When an Independent Care Act Advocate will be arranged even though there is an appropriate informal representative
  13. 13
    Changes to representation
  1. 14
    Out of County Care Act advocacy arrangements
  2. 15
    The Independent Care Act Advocate’s role
  3. 16
    Independent Care Act Advocates’ rights to access health and social care records
  4. 17
    The Council and Independent Care Act Advocates – working together
  5. 18
    Care home closures/provider failure
  6. 19
    Decisions that require an Independent Mental Capacity Advocate (IMCA)
  7. 20
    Independent Mental Health Advocates (IMHA)
  8. 21
    Commissioning requirements for Independent advocacy
  9. 22
    Dissatisfaction/Complaints
  10. 23
    Implementation
  11. 24
    Monitoring and review
  12. 25
    Appendix– Definitions
  13. 26
    Policy details

20.1    People detained under most sections of the Mental Health Act 1983 (MHA), subject to Guardianship or on a community treatment order (CTO) have a statutory right to support from an Independent Mental Health Advocate (IMHA).  In Gloucestershire this will be provided on an opt out basis.

20.2    In Gloucestershire, IMHA are also offered to:

  • carers of people described at paragraph 20.1 above
  • informal patients in mental health hospitals
  • people using the services of a Mental Health Acute Response Service
  • people receiving section 117 after care services

20.3    In most circumstances, IMHA are arranged by Mental Health professionals.  However where no IMHA is already involved, the council will offer the support of an IMHA to anyone involved in Adult Social Care who is living in the community and is entitled to support from an IMHA. 

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