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IMHA Rights — MRCPsych Paper B MCQ

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ModerateMental Health LawIMHA RightsMRCPsych Paper B

In England, which of the following patients is a qualifying patient entitled to support from an Independent Mental Health Advocate under the currently applicable Mental Health Act provisions?

Educational content. Not a substitute for clinical judgement or local policy.

Reveal the answer and explanation

Correct answer: DAn informal adult patient being considered for a treatment to which section 57 applies

Explanation lettering: E = shown as A · D = shown as B · B = shown as D · A = shown as E

B is correct. An informal patient being considered for a treatment governed by section 57 is a qualifying patient and is entitled to IMHA support. Qualifying patients also include most people liable to detention, including those detained under section 3, as well as conditionally discharged restricted patients and people subject to guardianship or a community treatment order. Informal patients under 18 being considered for ECT or another section 58A treatment also qualify, but an informal adult considered for ECT does not qualify solely on that basis. Patients held under section 5 or solely in a place of safety under section 135 or 136 are excluded. A section 4 patient qualifies only after the second medical recommendation has been received.

Reference: Department of Health, Mental Health Act 1983: Code of Practice, Chapter 6, paragraphs 6.8–6.10, 2015. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/435512/MHA_Code_of_Practice.PDF