Independence requirements for independent mental health advocates
5.—(1) The independence requirements referred to in regulation 3(6) and (7) are that, so far as practicable, a person must be able to act independently of any individual, who—
(a)is professionally concerned with the medical treatment of the Welsh qualifying compulsory patient or the Welsh qualifying informal patient;
(b)requests that person to visit or interview the Welsh qualifying compulsory patient or the Welsh qualifying informal patient.
(2) In the case of a Welsh qualifying compulsory patient who has been admitted for assessment under section 4 (admission for assessment in cases of emergency) of the Act, in addition to the requirements in paragraph (1) a person must be able to act independently of—
(a)the approved mental health professional or nearest relative who made the application for admission in accordance with section 4(2) of the Act; and
(b)the doctor who provided the medical recommendation in accordance with section 4(3) of the Act,
where the persons specified in (a) and (b) are not also professionally concerned with the medical treatment of the Welsh qualifying compulsory patient.
(3) A person is not professionally concerned(1) with a Welsh qualifying compulsory patient’s medical treatment or a Welsh qualifying informal patient’s medical treatment if he or she—
(a)is acting, or has acted on one or more occasions, as an IMHA for the patient in accordance with sections 130F (arrangements under section 130E for welsh qualifying compulsory patients) or 130G (arrangements under section 130E for welsh qualifying informal patients) of the Act; or
(b)is representing or supporting, or has represented or supported, the patient other than in accordance with sections 130F or 130G of the Act, but is not otherwise involved in the patient’s treatment.
Please see section 130E(5) of the Act relating to when a person is not to be regarded as being professionally concerned with a patient’s medical treatment.