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Mental Capacity Act and Mental Health Act

Independent Mental Capacity Advocates

Independent Mental Capacity Advocates work with people who are unable to make a specific life changing decision for reasons including, but not limited to, learning disabilities, dementia, mental health needs, and acquired brain injury.

Anyone who is making a life-changing decision on behalf of a person who is unable to make that decision for themselves, and has no family or friends willing to be involved in that decision, has a statutory duty under the Mental Capacity Act 2005 to ensure the case is referred to the IMCA service.

IMCA services also provide advocacy in adult safeguarding cases.

Tees Advocacy Hub

Tees Advocacy Hub provides an advocacy service to help people speak up for themselves and understand what their rights and entitlements are. This includes Independent Mental Health Advocacy (IMHA) services.

This service is provided by Middlesbrough Citizens Advice:

Citizens Advice
9 Linthorpe Road
Phone: 0344 499 4110


Mind provides a legal helpline which offers advice on topics including:

  • mental health
  • mental capacity
  • community care
  • human rights and discrimination/equality related to mental health issues.

You can call the helpline on 0300 466 6463 (Monday to Friday, 11am and 2pm, except Bank Holidays).

The Mental Health Act 1983 sets out the rules about when it becomes necessary to compulsorily admit someone to hospital who is having a severe mental ill health episode.

The Act is used when someone needs to be admitted to hospital to protect their own health and safety, or to protect other people. Being admitted to hospital under the Mental Health Act is sometimes called being 'sectioned', because the Act is split into sections, each indicating when and for how long someone can be admitted, depending on how unwell they are.

People who are admitted to hospital under the Mental Health Act are entitled to help from an independent mental health advocate. An advocate is independent of the hospital and is employed to speak on your behalf. Advocates can help you discuss your feelings about your care and what support you may need in the future.

Independent Mental Health Advocacy (IMHA) services under the Mental Capacity Act and Mental Health Acts

Independent Mental Health Advocacy services provide an additional safeguard for patients who are subject to the Mental Health Act. This includes people who are 'sectioned' in hospital, people subject to guardianship, and people subject to community treatment orders.

Local IMHA services are provided by Middlesbrough and Stockton Mind. For more information, please contact:

Middlesbrough and Stockton Mind
Phone: 01642 257020