Mental Health and Mental Capacity Advocacy
The Mental Health and Mental Capacity Advocacy service in Newham is provided by VoiceAbility. Please contact them to make a referral.
Independent Mental Health Advocates (IMHA)
An Independent Mental Health Advocates (IMHA) is a specialist mental health advocate. The Mental Health Act requires local authorities to provide access to an IMHA when someone has been detained in hospital for assessment and treatment.
Who is entitled to an IMHA?
People will qualify for an IMHA if they are:
- Detained under the Mental Health Act even if on leave of absence from the hospital, but excluding people who are detained under certain short-term sections (4, 5, 135, and 36)
- Conditionally discharged restricted patients
- Subject to guardianship
- Subject to supervised community treatment orders
Other patients, who are admitted to hospital on a voluntary basis, are only eligible for IMHA services if they are being considered for section 57 or section 58A treatment (i.e. treatments requiring consent and a second opinion). This includes people under the age of 18 who are being considered for electroconvulsive therapy (ECT).
There are no age restrictions given in the Mental Health Act, so an IMHA should be available for adults and young people.
What does an IMHA do?
An IMHA can support people to:
- Understand and assert their rights under the Mental Health Act
- Know about and understand any conditions or restrictions that might apply to them
- Understand different medical treatment options and the legal authority that the hospital has to carry them out
- Appeal against hospital detention for assessment or treatment.
Independent Mental Capacity Advocates
An Independent Mental Capacity Advocate (IMCA) is a specialist advocate who provide safeguards for adults when they lack mental capacity to make important decisions.
