Independent Mental Health Advocate
A person who provides support and advocacy to patients detained under the MHA 1983. IMHAs help patients understand their rights and participate in decisions about their care.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Independent Mental Health Advocates (IMHAs) exist under section 130A of the Mental Health Act 1983, which requires a local social services authority in England to 'make such arrangements as it considers reasonable to enable persons ("independent mental health advocates") to be available to help qualifying patients for whom the authority is responsible'. The Secretary of State may by regulations govern the appointment, approval and conditions of practice of IMHAs.
A central feature of the IMHA scheme is independence from the patient's clinical team: in making arrangements under section 130A, the authority 'shall have regard to the principle that any help available to a patient under the arrangements should, so far as practicable, be provided by a person who is independent of any person who is professionally concerned with the patient's medical treatment'. This separation is designed to ensure the advocate's role is to support the patient's own wishes rather than to advise on clinical management.
Arrangements under the section may include payment to those carrying out IMHA functions, and the regulations may make different provision for different categories of case, subject to specified exceptions and transitional arrangements. The IMHA scheme sits alongside the separate Independent Mental Capacity Advocate (IMCA) role created under the Mental Capacity Act 2005, which serves people who lack capacity rather than detained patients specifically.
Example
A patient detained under section 3 of the Mental Health Act who wishes to challenge their detention at a tribunal is entitled to the help of an IMHA in understanding the process and preparing to put their views to the tribunal, independently of their treating psychiatrist.
Related terms
Official sources
This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.