In our last blog, we looked at the Mental Capacity Act 2005, a truly empowering law that said we have the right to make our own choices, even if others think they are ‘unwise’.
But what happens when things get really tough? What if someone is so unwell they must be ‘sectioned’ (kept in hospital for their safety)? At this point the law can feel like a one-way street. Once you are in the system, it’s hard to feel heard. However, in 2007 that started to change.
The Treatability Test or is it a trap?
Before 2007, there was a rule called the ‘Treatability Test’. It basically said that if the doctor didn’t think they could fix you up or cure you, the law was a bit limited in action. This was difficult for people with a learning disability or people with personality disorders, who were often told their ‘condition’ was untreatable, leaving them without the right to support.
When the 2007 Mental Health Act came in, it replaced the Treatment Test with the ‘Appropriate Treatment Test’. This may seem like a small shift in wording, but its impact was huge. It meant treatment isn’t just about a ‘cure’; it’s about care, support, and making life generally better. It recognised that everyone deserves help, no matter their diagnosis.
Independent Mental Health Advocate: Your person, in your corner
A wonderful part of the 2007 changes was the introduction of IMHA (pronounced IM-HA). It stands for Independent Mental Health Advocate.
Being in a mental health ward can be scary and lonely. It can feel like everyone else is making decisions about your life, the medication you take, and your future treatment. An Independent Mental Health Advocate is there to change that and make sure you are heard.
An Independent Mental Health Advocate is independent. They don’t work on behalf of the doctors, for the hospital, or the council. They work for you!
What does an Independent Mental Health Advocate actually do?
- They listen: They want to know what you want, even if you find it hard to say
- They explain: The law is full of jargon. An IMHA helps explain your rights in a way that makes sense
- They attend meetings: They can sit with you in ‘ward rounds’ or tribunals so you don’t feel outnumbered by professionals
- They challenge: If you aren’t happy with your treatment, they help you speak up and ask “why?”
Before 2007, you often had to find your own way through the legal system, But the 2007 Act made it a legal right for people who are sectioned to have access to an advocate. It was the law finally admitting that having a mental health crisis shouldn’t mean losing your human rights.
At People First, we see every day how a single advocate can change a person’s journey. It’s the difference between feeling like a patient and feeling like a person with a voice.
Looking ahead
The 2007 Mental Health Act was a huge leap forward, but the journey didn’t stop there. Next in our series, we’ll be looking at the 2014 Care Act. This is the law that puts ‘wellbeing’ at the heart of everything we do.
If you or someone you love is currently in hospital and needs support to be heard, our advocates are here for you.
Support from an Independent Mental Health Advocate (IMHA) is free, confidential, and independent from health and care services.
If you think you are eligible for an Independent Mental Health Advocate, please reach out to your social worker or local Adult Social Care office.
If you have tried to contact your social worker or local office and have had difficulty, please contact us directly and we can help you.
- Call us: 0300 3038 037
- Email: [email protected]
- Live chat: wearepeoplefirst.co.uk