Proxies, representatives and advocates:
Independent mental health advocate
Please note: In these descriptions of proxies, representatives and advocates, Q refers to the person whom the proxy, representative or advocate is supporting or representing.
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I am at an early stage of developing this resource, so please bear with me as I work on it.
Purpose of the role
IMHAs help people to understand their rights when their mental health treatment is being regulated by the Mental Health Act.
This role applies when
Q is a qualifying patient under the Mental Health Act (sectioning, guardianship, community treatment order, aftercare)
Applies in mental capacity situations?
Applies in mental health situations?
Applies in day-to-day situations?
Always
Statutory definition of the role (if any)
Defined term | Source | Source_URL |
|---|---|---|
Independent mental health advocate | Mental Health Act 1983, S.130A and 130B | https://www.legislation.gov.uk/ukpga/1983/20/section/130A |
The person in this role
The role involves
is professionally qualified to perform the role
speaking for/on behalf of Q
Yes
has a professional relationship with Q
Always
acting in Q's best interests
Yes
has a personal relationship with Q
ensuring Q's understanding
Yes
is independent of the organisation(s) involved
Must be
being consulted about Q's health and welfare
has lived experience of Q's care and support needs
Sometimes
being consulted about Q's finances
making decisions about Q's health and welfare
managing Q's finances
Is the person formally appointed to this role?
How many people can perform this role at one time?
Are there any other criteria for appointment?
Who nominates/appoints them?
Always
One
Appropriate experience and/or training
Integrity and good character
Can act independently of professionals and of anyone else involved in the case
Is the appointment time limited?
Other comments