Independent Mental Health Advocacy

Your Voice Counts Advocacy Services

Independent Mental Health Advocacy (IMHA)

Support with rights under the Mental Health Act

What does an IMHA do?

An Independent Mental Health Advocate helps eligible people understand and exercise their rights under the Mental Health Act.

An IMHA can help the person:

understand their rights and the section of the Mental Health Act that applies to them
understand any conditions or restrictions affecting them
obtain information about their care and treatment
express their views, wishes and concerns
prepare for and take part in ward rounds, care-planning meetings and hospital managers’ hearings
understand their Tribunal rights and access legal advice
communicate with the professionals involved in their care
raise concerns or make a complaint.

An IMHA can attend meetings and speak on the person’s behalf when asked. They do not make decisions for the person or replace the role of a solicitor.

Who is eligible for IMHA support?

A person is eligible if they are:

detained, or liable to be detained, under the Mental Health Act
on leave from hospital or absent without leave while still liable to be detained
a conditionally discharged restricted patient
subject to guardianship
subject to a Community Treatment Order.

A person is not eligible solely because they are being held under:

section 4
a section 5 holding power
section 135 or section 136.

Certain informal patients are also eligible, including:

a person being considered for a treatment covered by section 57 of the Mental Health Act
a person under 18 who is being considered for electroconvulsive therapy or another treatment covered by section 58A.

Eligibility for IMHA support does not depend on the person’s age or their ability to instruct an advocate.

What areas does the service cover?

Our commissioned IMHA services cover Newcastle, Gateshead and South Tyneside.

The responsible IMHA service is normally determined as follows:

For a detained patient, by the area in which the hospital is located.
For a person subject to a Community Treatment Order, by the location of their responsible hospital.
For a person subject to guardianship, by the local authority acting as guardian or, for a private guardian, the area in which that guardian lives.

This is not determined by the person’s ordinary residence or which authority funds their care.

Please contact us if the person is conditionally discharged or it is unclear which IMHA service is responsible.

Who can make a referral?

An eligible person can contact us directly or ask someone they trust to help them.

A referral may also be made by a relative, member of staff or professional. The person should be told about the referral and asked whether they would like support wherever practicable.

A signed consent form is not required. If the person lacks capacity to decide whether to seek IMHA support, or is unable or unlikely to request it themselves, their responsible clinician, an Approved Mental Health Professional or their nearest relative may ask an IMHA to visit and explain the service.

The person does not have to meet with an IMHA and can end the support at any time.

Make a referral

Visit Make a referral to download the required referral form.

If completing the form is difficult, call us on 0191 478 6472 or freephone 0300 303 1248. We can discuss what is happening and take the initial referral information by telephone or email when appropriate.

Further information

Visit our Resources page for information about advocacy.
Click here to download an Independent Mental Health Advocacy poster (pdf).
For advice about a referral, email mail@yvc.org.uk, call 0191 478 6472 or call freephone 0300 303 1248.