Iaith Gwaith Cymraeg

IMHA Client H

Client H wanted to leave the hospital but the referral indicated that there was a lack of capacity to instruct an IMHA.

Barriers faced in being heard:

H had been deemed to lack capacity. No legislation was in place to prevent H from leaving the ward.

Advocacy undertaken:

  • The IMHA attended and applied the two stage test of capacity to ascertain whether H could understand the role of the IMHA.
  • H could understand, so the IMHA explained the role, remit and asked H if they would like to have the support of an advocate. The answer was yes.
  • H stated a wish to leave. On instruction, the IMHA asked staff what legislation was in place as H wished to leave.
  • The IMHA was informed that H was subject to a submitted DOLS (Deprivation of Liberty Safeguards). They were awaiting a response which could take three weeks.
  • The IMHA stated H wanted to leave and questioned how staff would manage this without legislation.
  • The staff contacted the on call doctor and a mental health act assessment was completed.


The outcome was that H was not detainable. Arrangements were made for a care package to which H agreed and a week later H was discharged home. H agreed to stay informally until discharge.