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Mental Health Problems - Independent Mental Health Advocates

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The Mental Health Act 1983 (and amended by the Mental Health Act 2007) makes provision for statutory access to Independent Mental Health Advocates (IMHAs) for patients subject to certain sections of the Mental Health Act 1983. IMHAs are an important safeguard that will help and support patients to understand and exercise their legal and civil rights.

  • Detained under most sections of the Mental Health Act (see “Guidance for Referrers” for further detail).
  • Conditionally discharged restricted patients. 
  • Subject to guardianship. 
  • Subject to supervised community treatment. 
  • Being considered for treatments to which section 57 applies. 
  • Under 18 and being considered for ECT or other treatment under section 58. 

The IMHA will assist patients in obtaining and understanding information on the following:

  • their rights under the Act;
  • the rights which other people have under the Act (for example, relatives); 
  • the parts of the Act that apply to them; 
  • any conditions or restrictions which they are subject to; and 
  • the reason for any medical treatment and an explanation of that treatment.

IMHAs are also able, where appropriate, to provide support and representation to qualifying patients.

In Cumbria, the IMHA service is provided by Advocacy Experience.  For more information about Advocacy Experience, including their IMHA referral form for use by patients and professionals, information leaflet, guidance on how to refer and FAQs, see their website using the link below: