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Section 130A

Independent Mental Health Advocates (IMHA)

Rights & Information

What this section does

Gives you the legal right to help from an Independent Mental Health Advocate — someone independent of your care team who helps you understand your rights, attend meetings with you, and speak on your behalf. Professionals must allow your IMHA access to you, in private if you wish.

Who it applies to

Detained patients, guardianship patients, CTO patients, patients recalled to hospital under a CTO, and informal patients likely to be given certain treatments (such as ECT) within 28 days.

Your rights

The right to meet your IMHA in private, and to decline their support if you wish. Commissioners must ensure IMHA services are available to everyone who qualifies.

Time limits

Available throughout your detention or CTO — you should be told about it as part of your admission information.

How to challenge it

If you cannot reach an IMHA, complain to your hospital managers or the local authority, or contact the Care Quality Commission (CQC).

Key cases

Enforced through commissioning duties and complaints rather than litigation; closely linked to the Section 132 duty to give information.

Last updated: 9/13/2026