Brief overview of statutory advocacy components
- Independent Mental Health Advocacy (IMHA) – Any age
Access to an IMHA is a statutory right for individuals detained under most sections of the Mental Health Act. An IMHA helps an individual to understand their rights under the Act and to participate in decisions about their care.
- Independent Mental Capacity (IMCA) and Paid Representatives – 16 years+
IMCA’s are a legal safeguard for individuals who lack the capacity to make certain decisions for themselves and do not have a suitable person who is able to speak for them. An IMCA does not make any decisions and are independent of the people who do make decisions.
- Independent Advocacy (Care Act) – 18 years+
Under the Care Act, an Advocate must be appointed to support individuals who have substantial difficulty in being involved in the statutory assessment process and there is no appropriate individual to support them.
- Relevant Persons Representative (RPR)
The Mental Capacity Act requires the Council (decision maker) to appoint a paid officer to represent the person who is being deprived of their liberty, in circumstances where there is not available person to undertake this role.
- Continuing HealthCare (CHC)
An advocate will independently represent the individual and their families wishes, preferences and views around Continuing Healthcare.