Advocacy
IMHA -IMCA -IMCA DOL????
• IMHA = Independent Mental Health
Advocate
• IMCA – Independent Mental Capacity
Advocate
• IMCA DOL – Independent Mental
Capacity Advocate, Deprivation of
Liberty Safeguards
• Generic Advocacy
Independent Mental Health
Advocacy
IMHA
Why do people need advocacy?
• Discrimination
People with mental health issues face widespread
discrimination in society.
• Exclusion
“People with mental health problems are one of the most
excluded groups in society. Too often they have a poor
quality of life.” (Government Social Exclusion Report 2004).
 Mental Distress
People may be low in confidence and/or self esteem as a
result of their mental distress and may require independent
support.
• Empowerment
Empowerment and advocacy are both concerned with a
shift of power or emphasis towards meeting the needs and
rights of people who would otherwise be marginalised.
Advocacy aims to:
• The aim of advocacy in all its forms is to ensure that
people are not deprived of their rights through lack of
information, lack of resources or the lack of someone to
speak up for them.
• Advocacy aims to empower people by supporting them
to:
-
Access information and services
Explore their choices and options
Uphold their rights
Express their views and concerns
Self Advocate
Legislation
• In recent years the potential for independent advocacy
to make a difference has increasingly been recognised
at a national policy level.
• Mental Capacity Act (2005) – introduced the
Independent Mental Capacity Advocate (IMCA)
• Mental Health Act (2007) – Section 130A introduced the
Independent Mental Health Advocate (IMHA)
• Their introduction is in recognition that advocacy is an
important safeguard for patients.
IMHA
• Independent Mental Health Advocacy is not new.
However, for the first time, the provision of mental
health advocacy to “qualifying patients” is required by
law (Mental Health Act 2007).
• “Qualifying patients” refer to people who are subject to
compulsion under the Act.
• IMHAs are specialist advocates who are trained to work
within the framework of the Act.
• IMHAs will help people understand and exercise their
rights under the Act.
IMHA role
Includes helping people to understand:
• their rights under the Act;
• the rights which other people have in relation to them
under the Act;
• the particular parts of the Act which apply to them and
which therefore make them eligible for advocacy;
• any conditions or restrictions to which they are subject;
• any medical treatment that they are receiving or might
be given;
• the reasons for that treatment (or proposed treatment);
and the legal authority for providing that treatment,
• Safeguards and other requirements
Informing patients
The Act places a duty on hospital and
social services staff to provide verbal
and written information about IMHA
services to the patient “as soon as is
practically possible”.
This includes a duty to, “take whatever
steps are practicable to ensure that
patients understand that help is
available to them from IMHA services
and how they can obtain that help”.
The IMHA has a right to:
• See and interview the patient in private
• Meet and interview professionals
involved with the patients care
• Attend relevant meetings with staff at
the request of the patient
• Access records
(See MHA, 130B(3) )
Impact of Advocacy
• Empowerment
• Improved patient outcomes
• Improve experience of using mental
health services
• Increase responsiveness &
accountability of services.
• Quicker access to services
• Increased participation
• Direct therapeutic benefit
Feedback From Patients
• I don’t know how I would have coped without you being there for
me all the way through this.
• I have no complaints about the service. The service was excellent.
I do wish you had more powers.
• "Thanks for coming. I really needed someone in with me."
• "Thanks for everything. I would never have coped here for so long
without you.”
• Thanks for listening and helping me to understand what’s going
on"
• "Thank-you so much for helping me to understand what was
happening. It made a difference and helped me to not panic as
much."
• "You're great. You're on my side and it means I can say what’s
really bothering me"
Further information
• Please contact your local advocacy service for
more information – see Pennine Care Website
for contact details.
• Contact your Mental Health Law
Administrator.
• See Mental Health Act Code of Practice.
Chapter 20 page 157.