Access to specific data of patients by IMHA

Law and practice Other
1

Does an IMHA require a patient’s consent to get the following information:

  • Name
  • DOB
  • Address, preferably home but can be hospital
  • Date of admission to hospital
  • Section
  • Section due date

from the ward the patient is on?

Currently, the organisation newly commissioned to provide independent mental heath advocacy is requiring for patients to access advocacy support that the IMHAs fill out a referral form wuth the above data/information which they are getting from the ward because although patients want help from the IMHA they are unable or/and unwilling to give these data but are clear they want and need IMHA support.

IMHAs are therefore being directed to get these data from the ward but this is without the knowledge/consent/understanding of the patients. However if the patients dont give their consent(primarily for reasons it’s not what they want to talk about and spend any time on as their focus is what they’re going through, because they don’t understand or acceot the relevance about the reequirement re the data and referral process, because it breaches trust or causes mistrust, because they don’t want advocacy to feel like their experience with the mental health system where it is about data and bureaucracy and they get no choice about it) this will mean they cannot have IMHA access and support which they really want abd need, whereby their rights are not protected and so on.

What is the situation legalky regarding this and what is the situation in terms of code of practice and advocacy practice?

please and if it requires the consemt of the patient etc, many thanks

2

I’m pretty sure the IMHA has a legal right to at least some of that info. I’ll double check. Claire

3

I am also an IMHA and there is seemingly a lack of understanding about this role and information and relationship building is difficult but essential to effectively perform the role as required, not least to access the details you need from the ward directly.
I have found that the position of full knowledge of our role and rights is best served by comprehensive training. Choosing a course that will equip IMHA’s with the knowledge that enables a successful challenge as needed, is a good pathway. Might I suggest Peter Edwards Law training and I have absolutely no financial or other interest with this firm, I just share as they were the best (over many years) that I have attended and are helpful source after the courses are complete. Judith