New Independent Mental Health Advocate scheme
This page sets out the Explanatory Notes and commencement orders for the new IMHA service, which came into force on 3/11/08 in Wales and 1/4/09 in England. For details of its current operation see the Independent Mental Health Advocate service page.
Extract from Explanatory Notes
Section 30: Independent Mental Health Advocates
99. Section 30 places a duty on the appropriate national authority to make arrangements for help to be provided by independent mental health advocates (IMHAs). IMHAs must be made available to certain "qualifying patients" subject to the powers or safeguards in the 1983 Act as amended, to provide support in the ways specified in the provisions.
100. Qualifying patients will be informed that they are eligible for the services provided by an IMHA as soon as is practicable. An IMHA will meet with a patient on the request of the patient, the nearest relative, the responsible clinician or an AMHP.
101. Where a patient has the capacity to consent and does so, an IMHA has a right to see any hospital or local authority records relating to him. If a patient lacks the capacity to consent, the record holder can still allow access to such records if it is appropriate and relevant to the help the advocate will provide to the patient. IMHAs have a right to meet patients in private and to visit and interview anyone professionally concerned with the patient's medical treatment.
102. The appropriate national authority can make regulations setting out, for example, the standards and qualifications that will need to be met by an individual in order to be approved as an IMHA. These regulations can make different provision for different cases. This will allow them to take account of the different needs of different groups of patients.
103. Section 30 also amends section 134 of the 1983 Act, to ensure that hospital managers cannot withhold correspondence between patients and their advocates.
Commencement
Date in force Commencement order MHA 2007 section MHA 1983 sections affected 1/4/08 Mental Health Act 2007 (Commencement No. 4) Order 2008 30 (partially, for the purpose only of making regulations) New s130A; s134 amended " " 30 (partially) New s130C(5) 3/11/08 Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008 30 (remainder, Wales) s130A, s130B, s130C, s130D, s134 1/4/09 Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009 30 (remainder, England) As above Related legislation
Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008 — These Regulations contain provisions about the arrangements for the appointment of IMHAs and as to who can be appointed to act as an IMHA. In force 1/4/09.
See also
- Mental Health Act 2007 Explanatory Notes - page 19
INFORMATION
- Representation
- Civil sections and CTOs
- Criminal sections
- Aftercare
- Mental Health Tribunal
- Mandatory and discretionary references
- Nearest relative
- Legal Aid
- International law
- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
- Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
- Additional safeguards for ECT introduced in new s58A
- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
- Approved Mental Health Professional replaces Approved Social Worker
- Automatic reference scheme under s68 changed
- Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
- Civil partners are treated as if married when determining nearest relative
- Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
- Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
- Fundamental principles set out in Act and included in Code of Practice
- Higher penalties for offences under Act
- Hospital direction patients can no longer apply to Tribunal during first six months
- Hospital directions under s45A apply to any mental disorder
- Legal status of Code of Practice set out in Act
- Limitation to the exceptions to the duty to instruct IMCA
- Mental disorder no longer split into separate classifications
- Minor drafting error in MCA 2005 corrected
- New cross-border arrangements for leave and transfer
- New definition of medical treatment
- New Independent Mental Health Advocate scheme
- New procedure for renewal of detention
- New regulations on conflicts of interest
- New requirements for age-appropriate accommodation for children
- NHS Foundation Trusts discharge power problem remedied
- Organisation of Mental Health Review Tribunal changed
- Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
- Patients can be transferred between places of safety under s135 and s136
- Procedure for making of instruments by Welsh Ministers set out
- Reference to Local Health Boards inserted into Act
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Restriction orders can no longer be time-limited
- SOAD certificate becomes invalid when patient loses or gains capacity
- Some exclusions to definition of mental disorder have been removed
- Supervised Community Treatment replaces Supervised Discharge
- Transitional provisions until full implementation of MHA 2007
- Treatment while under SCT is covered by new Part 4A
- Coronavirus
- Courts
- Forms
- General information pages
- Glossary pages
- Legislation overviews
- Mental capacity law
- Organisations
- Other jurisdictions
- Psychiatry
- Statistics
- The Law Society
- Things to sign up for
What links here:
- MHA 1983 s134
- MHA 1983 s130A
- MHA 1983 s130B
- MHA 1983 s130C
- MHA 1983 s130D
- Mental Health Act 2007 (Commencement No. 4) Order 2008
- Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008
- Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008
- Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009