Overview

This bill amends the Mental Health Act 1983 in England to expand access to independent mental health advocates (IMHs). It extends advocacy services to more patients, including those voluntarily admitted to hospital who experience difficulties understanding or engaging with their care.

Description

The bill makes the following key changes:

• Extending Advocacy to More Patients: It removes the age restriction for compulsory patients receiving advocacy services and introduces a new section (130DA) providing advocacy for voluntary patients experiencing substantial difficulty understanding, retaining, using, or communicating information relevant to their care.
• Responsibilities of “Responsible Persons”: The bill defines “responsible persons” (clinicians or hospital managers) and mandates them to inform voluntary patients about available advocacy services and how to access them. This duty is waived only if an appropriate and consenting representative already exists.
• Appropriate Representation: The bill outlines criteria for who constitutes an appropriate representative. This includes patients' consent if they have capacity, or the responsible person determining it's in the best interest of an incapacitated patient.
• Information Provision: The bill requires responsible persons to provide information orally and in writing, also ensuring patients' nearest relatives receive written information (unless the patient objects).

Government Spending

The bill does not provide specific figures on government spending. The financial implications will depend on the resources required to implement the expanded advocacy services.

Groups Affected

• Patients (Voluntary and Compulsory): The bill directly affects patients, particularly those who may struggle to understand or navigate their mental health care, regardless of their admission status.
• Clinicians and Hospital Staff: Clinicians and hospital managers will have new responsibilities in identifying patients who might benefit from advocacy and informing them about available services.
• Independent Mental Health Advocates: The bill will likely increase the demand for IMHs, potentially requiring more funding and resources for IMH services.
• Relatives and Carers: Relatives of patients are impacted through the provision of information and their potential involvement in the advocacy process.

Powered by nyModel