This report aims to help Independent Mental Health Advocate (IMHA) services reach everyone who is entitled to their support. It aims to help IMHA providers to achieve the best possible outcomes for all people treated under the Mental Health Act 1983 amended in 2007. Drawing directly on the findings and recommendations of the national review of the quality of IMHA services in England, the report highlights the problem of unequal uptake of IMHA by some groups of ‘qualifying patients' and explores what can be done to change this situation. It highlights the obligations of IMHA services under the Equality Act (2010) and provides concrete suggestions about how to take effective action and improve practice when working with people sharing relevant protected characteristics. It also suggest steps that IMHA providers can take to help them identify, understand, and address the barriers to the full and effective use of their service by everyone who is entitled to access it.
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This accessible five minute film focusses on mental health staff’s legal responsibilities to refer people for Independent mental health advocacy, how they can support advocates and the benefits for staff.
Two very different examples of how good practice in care needs to take account of an individual's human rights.
Understanding Independent Mental Health Advocacy for mental health staff is about the role of IMHA, who is eligible, and how to support people who used services to access IMHA.
Understanding Independent Mental Health Advocacy (IMHA) for people who use mental health services including carers. People who are detained under the Mental Health Act can use the services of IMHA. This publication includes what is IMHA, who can use IMHA and what does IMHA do.
Gaining access to an adult suspected to be at risk of neglect or abuse: a guide for social workers and their managers in England
Part of Care Act 2014
The guide has been created to provide information on legal options for gaining access to adults suspected to be at risk of abuse or neglect. The safeguarding duties under the Care Act 2014 apply to an adult who: has needs for care and support (whether or not the local authority is meeting any of those needs); is experiencing, or at risk of, abuse or neglect; as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of, abuse or neglect. The guide is intended as a source of reference in situations of uncertainty, rather than as a learning tool, laying out the potential routes to resolution. Sections of the guide discuss: practical issues and principles in adults safeguarding; the difficulties and duties involved in gaining access; and the legal powers that may be required in gaining access. Links to information on the relevant legislation and case law are included throughout the guide.
Part of Mental Capacity Act (MCA)
This report decribes good practice in the management and implementation of the Deprivation of Liberty Safeguards(DoLS).
Managing the transfer of responsibilities under the Deprivation of Liberty Safeguards: a resource for local authorities and healthcare commissioners commissioners
Changes to the Deprivation of Liberty Safeguards come into force on 1 April 2013. This resources describes the changes to the identity of the supervisory body in health settings and offers guidance on how local authorities, hospitals, PCTs, and CCGs can work together to ensure that the rights of vulnerable people who may be subject to the Deprivation of Liberty safeguards are protected during and after the transfer.
Part of Mental Capacity Act (MCA)
A short drama in a residential school depicting scenes between a young man with severe learning disabilities, and both his key worker and social worker. The film introduces the principles of the Mental Capacity Act and emphasises the importance of consultation in best interests' decision-making.
The Department of Health (DH) commissioned this work in response to requests from practitioners for a comprehensive guide to the legal framework underpinning adult safeguarding work