An IMHA (Independent Mental Health Advocate) is a specially trained, independent advocate who helps patients understand their rights under the Mental Health Act and supports them in decisions about their care and treatment.

 

Definition and Purpose

An Independent Mental Health Advocate (IMHA) is a professional who is independent of the NHS or private healthcare providers and provides free, confidential support to patients detained under the Mental Health Act or on a community treatment order (CTO) Guardianship  in England and Wales. IMHAs are trained in the Mental Health Act and help patients understand their legal rights, treatment options, and care plans. 

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Who Can Access an IMHA

You are entitled to an IMHA if you are a qualifying patient, which includes:

• Being detained under the Mental Health Act, except in emergency detentions (section 4) or short-term holding powers (section 5)

• Being liable to be detained, including situations where a court order or hospital admission application is in place

• Being an informal patient when certain treatments, such as neurosurgery, are being considered

Receiving Supervised Community Treatment (SCT) or, if under 18, being considered for treatments under section 58A.

Even if you do not qualify for an IMHA, you may still qualify to access support from a community advocate or NHS complaints advocate. 

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How IMHAs Support Patients

IMHAs provide a range of support services, including:

• Explaining rights and treatment options in an understandable way

• Helping access information and ensuring it is presented clearly

• Supporting patients in meetings such as ward rounds, care planning, tribunals, and Hospital Managers Hearings

• Advocating for the patient’s views to be heard by healthcare professionals

• Accessing patient records with consent, or when necessary to perform their role effectively 

IMHAs do not make decisions about care or treatment; they act as independent supporters to ensure the patient’s voice is represented. 

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Confidentiality and Legal Obligations

IMHAs are bound by confidentiality and will only share information if there is a risk of serious harm to the patient or others, or if assisting a serious criminal offence. Healthcare providers have a legal duty to inform eligible patients about IMHA services and facilitate access. 

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How to Access an IMHA

Patients can access an IMHA through:

• Hospital staff or care teams, who provide contact information for local IMHA services

• Local advocacy organizations that offer independent Mental Health Advocacy across England and Wales 

IMHAs play a crucial role in empowering patients, ensuring their rights are respected, and supporting them to participate actively in decisions about their mental health care.

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