Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, what steps he is taking to promote independent mental health advocacy.

The Independent Mental Health Advocacy service is an essential element of the safeguards in place to protect the rights and interests of patients who have been detained or who are otherwise subject to compulsory treatment under the Mental Health Act 1983.

The revised Mental Health Act 1983 Code of Practice, which came into force in April 2015, makes clear that staff responsible for such patients also have a responsibility to ensure that they are aware of their right to request support from an Independent Mental Health Advocate (IMHA). In cases where the patient lacks the capacity to make such a request, the Code is clear that staff should ask an IMHA to explain to the patient what they can offer.

In March 2015 a suite of resources to support local areas in improving their IMHA services were published at:

http://www.scie.org.uk/independent-mental-health-advocacy/further-resources/index.asp

These were the result of a national project, led by the Social Care Institute of Excellence and the University of Central Lancashire, and funded by the Department.

The Department is also considering the scope for providing additional guidance through other means that can further clarify the role of mental health professionals in promoting access for qualifying patients to Independent Mental Health Advocates.