The Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations contain provisions about the arrangements for the appointment of Independent Mental Health Advocates (IMHAs). They contain provision about who may be appointed to act as an IMHA.

2.  Regulation 3 provides—

(a) that Local Health Boards (LHB) must make arrangements for IMHAs to be available to patients who qualifying for help under section 130C of the Mental Health Act 1983 (“the Act”). Qualifying patients are those patients who are

(i) liable to be detained in hospital (other than under sections 4, 5(2)(4), 135 or 136 of the Act);

(ii) subject to guardianship or community treatment orders;

(iii) informal patients who are being considered for a form of treatment that falls under section 57 of the Act;

(iv) informal patients who have not attained the age of 18 years and are being considered for a form of treatment under section 58A of the Act (regulation 3(1));

(b) that LHBs may make arrangements with providers of advocacy services for the provision of IMHAs (regulation 3(2));

(c) that any person who is appointed to act as an IMHA must either be approved by the LHB or employed by a provider of advocacy services (regulation 3(3));

(d) that before approving an IMHA the LHB must be satisfied that he or she meets the appointment requirements (regulation 3(4));

(e) that a provider of advocacy services should be required to ensure that any IMHAs who they may employ satisfy the appointment requirements (regulation 3(5));

(f) clarification on which LHB is responsible for making arrangements for an IMHA to act for a patient whilst the patient is detained in hospital.

3.  Regulation 4 sets out the appointment requirements that an IMHA must satisfy before they may be appointed.

4.  A full impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sector is foreseen.