Overview

This bill amends the Mental Health Act 1983 to expand access to independent mental health advocates (IMHA) in England. It extends advocacy services to more individuals, including those voluntarily admitted to hospital who experience significant communication or comprehension difficulties, ensuring they receive support in understanding and engaging with their treatment.

Description

The bill makes two key changes:

• Extending Advocacy to Voluntary Patients: It introduces a new section (130DA) to the 1983 Act. This mandates that for voluntary inpatients experiencing substantial difficulties understanding, retaining, using, or communicating information relevant to their care, the responsible person (clinician or hospital manager) must inform them about available independent advocacy services and how to access them. If the patient lacks capacity to consent, the responsible person must determine if advocacy is in the patient’s best interest. The responsible person should also inform the patient's nearest relative (unless the patient objects).
• Removing Age Restriction for Compulsory Patients: The bill removes the age restriction (under 18) from section 130C(3)(b) of the 1983 Act, ensuring all qualifying compulsory patients, regardless of age, can access independent advocacy.

Government Spending

The bill does not explicitly state the cost. The financial implications will depend on the increased demand for independent advocacy services and the resources required to meet this demand. No figures were provided in the bill text.

Groups Affected

• Voluntary inpatients with communication or comprehension difficulties: These individuals will gain access to IMHA services, potentially improving their understanding of treatment and involvement in care decisions.
• Compulsory patients under 18: These patients will now be eligible for IMHA services.
• Independent Mental Health Advocates: Increased demand for their services.
• NHS Trusts and Hospitals: May experience increased administrative burden and costs associated with providing information and facilitating access to advocacy services.
• Clinicians and Hospital Managers: Increased responsibilities in identifying patients who may benefit from advocacy and ensuring access.

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