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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. Discrimination
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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
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. Why do people need advocacy?
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.