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Independent Mental Health Act Advocacy
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From 1st April 2009, changes in the law mean that some patients are entitled to help from an Independent Mental Health Act Advocate (IMHAA). Derbyshire Mind has been commissioned to provide this service across the whole of the County of Derbyshire (including the City).
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IMHAA services provide an additional safeguard for patients who are subject to the Mental Health Act. IMHAAs are specialist advocates who are trained specifically to work within the framework of the Act to meet the needs of patients.
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IMHAA services do not replace any other advocacy and support services that are available to patients, but are intended to operate in conjunction with those services.
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Patients who are eligible for IMHAA Services (‘qualifying patients’)
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Patients are eligible for support from an IMHA if they are:
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- Detained under the Mental Health Act (even if they are currently on leave of absence from hospital);
- Conditionally discharged restricted patients;
- Subject to guardianship; or
- Supervised community treatment (SCT) patients.
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The role of an IMHAA
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IMHAAs provide support to help people obtain information about and understand the following:
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- Their rights under the Mental Health Act;
- The rights which other people (eg nearest relatives) have in relation to them under the Act;
- The particular parts of the Act which apply to them;
- 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, and the safeguards and other requirements of the Act which would apply to that treatment.
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It also includes helping people to exercise their rights, which can include representing them and speaking on their behalf. IMHAs may also support patients in a range of other ways to ensure they can participate in the decisions that are made about their care and treatment.
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The Mental Health Act Code of Practice
provides more details about the IMHA role.
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The flowchart
gives information about Independent Mental Health Advocacy (IMHA)services and about making referrals.
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Our opening hours
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The main office opening hours are 9.00am to 5.00pm, Monday to Friday. There is an answerphone service available if staff are unable to respond to the 'phone'.
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Please see above on how to contact us ...
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