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Independent Mental Health Advocacy (IMHA) Service

IMHA services are a statutory advocacy provision which provide an additional safeguard for patients who are subject to the powers of the Mental Health Act. This includes people who are ‘sectioned' in hospital, people subject to guardianship, and people subject to Community Treatment Orders.

Who is eligible for IMHA services?


Patients are eligible for support from an IMHA if they are:


  • Detained under the Mental Health Act (even if they are currently on leave of absence from hospital)

  • Conditionally discharged restricted patients, subject to guardianship; or supervised community treatment (SCT) patients

  • Some informal patients being considered for treatment e.g. those being considered for ECT.


Patients detained under some sections are not eligible for the IMHA service e.g. Sections 4, 5, 135 and 136.


What does an IMHA do?


IMHAs can support people in obtaining and understanding information that relates to their situation under the Mental Health Act. This includes information about:


  • Their rights under the Act.

  • The rights of other people in relation to them.

  • The particular parts of the Act that apply to them.

  • Any conditions or restrictions to which they are subject.

  • Any medical treatment they are receiving or might be given.

  • The reasons for treatment, or proposed treatment.

  • The legal authority for providing treatment, and the safeguards and any other requirements of the Act that may apply to them.

    • As well as providing information, an advocate can help people to exercise their rights, including representation at meetings. An advocate can also help people in other ways, to ensure they can participate in decisions that are made about their care and treatment.

    IMHAs have special legal rights of access to:


    • Patients and professional caring for service users

    • Patient records – if the patient requests this and subject to conditions.


    Accessing the IMHA service


    Certain people responsible for the care of patients e.g. hospital managers have a duty to inform patients in writing and orally about IMHA services. Nearest relatives should also be informed of IMHA services unless the patient requests otherwise. Patients can self refer by contacting POhWER, speak to the advocates directly when they visit the wards or ask a member of staff to make a referral.


    IMHA services by contract area

    Please select the relevant link below for further details about POhWER's IMCA service in your area, and to download referral forms and supporting documents.