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What now for deprivations of liberty?

What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.

Alliance expresses fears about "over-stretched" independent mental health advocacy

Independent mental health advocacy (IMHA) services for people detained under the Mental Health Act are “over-stretched and unable to help all of the people who need their support”, the Mental Health Alliance has claimed.

The entitlement to IMHA was introduced by the Mental Health Act 2007, with the aim of helping patients understand and exercise their legal rights.

But the Alliance report suggested there was wide variability in the commissioning of advocacy services.

Key findings include:

  • IMHA providers report being underfunded and over-stretched in the face of demand for their services
  • There is still a lack of awareness about IMHA among service users and mental health staff
  • A rushed commissioning process has meant that many IMHA services were not put out to tender. “This has led to a failure to provide adequately for black and minority ethnic service users who are disproportionately affected by the Mental Health Act”
  • There is evidence of good commissioning and providers striving to deliver quality services.

The report called on commissioners to carry out IMHA needs assessments and put new contracts out to tender “so that comprehensive services are provided for and BME service users’ needs are properly catered for”.

The Alliance urged mental health service providers to ensure that service users are made fully aware of their rights to an IMHA.

It also called on the Care Quality Commission to monitor the implementation of IMHA and take action if patients are not being offered the right support.

Alison Cobb, chair of the Alliance, said: “Independent mental health advocacy is a vital safeguard for the rights of people who are detained under the Mental Health Act, including those who are subject to the new powers of supervised community treatment when they leave hospital.

“The Health and Social Care Bill shifts responsibility for commissioning of IMHA services from the NHS to local authorities. It is vital that local authority commissioners are given clear guidance to help them to commission advocacy services to meet all of their local needs.”

Philip Hoult