Mental Health in Leicester, Leicestershire and Rutland

Independent Mental Health Advocacy Service

Independent Mental Health Advocacy (IMHA) is a service for people who are legally entitled to specialist advocacy under the Mental Health Act.

The changes to the Mental Health Act in 2007 mean that all qualifying patients have the right to access to the IMHA service, which is free, confidential and available to patients of all ages.

The Role of the IMHA

  • IMHAs tell patients their rights and explain how the Mental Health Act applies to them.
  • IMHAs can support patients to make sure their views and needs are heard.
  • IMHAs are independent of any person who is professionally concerned with the patient’s medical treatment


Who qualifies for the IMHA service?

  • Patients who are liable to be detained under the Act except in certain emergency situations.
  • Patients subject to guardianship.
  • Patients on supervised community treatment (CTOs).
  • Informal patients who are discussing the possibility of treatment to which Section 57 or Section 58A applies (neurosurgery for mental disorder or Electro Convulsive Therapy (ECT) for patients under 18 years).


Who can refer to the IMHA service?

Anyone can make a referal to the IMHA service.

IMHAs have a duty to respond to requests to visit a patient received from:

  • The Patient
  • The Patient's Nearest relative
  • The Patient's Responsible Clinician (RC)
  • Any Approved Mental Health Professional (AMHP)

Patients can refuse the support of an IMHA at any time.


What rights does an IMHA have?

  • The right to see patients in private.
  • With patient consent, the right to liaise with any person who is professionally concerned with the patient’s medical treatment.
  • With patient consent, the right to see any records relating to the patient's detention and tratment, including medical and social care records.


IMHA services do not replace any other advocacy and support services that are available to patients. They are intended to operate in conjunction with those services. Also, the involvement of an IMHA does not affect a patient’s right (or the right of their nearest relative) to seek advice from a lawyer. Nor does it affect any entitlement to legal aid.

Further information on the role of Independent Mental Health Advocate (IMHA) can be found in the Code of Practice Mental Health Act 1983, Chapter 20.