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Independent Mental Capacity Advocacy (IMCA)

  

What is IMCA?


The Independent Mental Capacity Advocacy service was created in the Mental Capacity Act 2005. Information about the Mental Capacity
An IMCA is someone appointed to support and represent a person who lacks capacity, possibly because of dementia, a brain injury, a learning disability or mental health needs, who is also faced with certain decisions about serious medical treatment and long term care moves.


For example, a person with a severe brain injury who has no friends or family and who cannot communicate through language will have an IMCA to make representations about their wishes, feelings, beliefs and values. The IMCA will bring to the attention of the decision-makers all factors that are relevant to their decision. IMCAs will also be able to challenge the decision-maker if appropriate.

Who is Eligible for IMCA?

 

The role of the IMCA is to support and represent the person who lacks capacity. Decision makers in the NHS and in local authorities (for example doctors and social workers), will have a duty to consult the IMCA for the most vulnerable - those who have no family or friends to be consulted.

Some people who lack capacity may have no one to support them with major, potentially life-changing decisions. An IMCA will only have to be involved if there are no family or friends who can be consulted. An IMCA will not be the decision-maker, but the decision-maker will have a duty to take into account the information given by the IMCA.
An IMCA will only be involved if:


• the decision is about serious medical treatment provided by the NHS (Section 37)
• it is proposed by an NHS body that the person be moved into long-term care of more than 28 days in a hospital or 8 weeks in a care home (Section 38)
• a long-term move (8 weeks or more) to a different hospital or care home is being considered by the Local Authority (Section 39)

Two further situations have been identified which will require an IMCA, they are:

Care Reviews

Adult Protection Cases

The Code of Practice states that in such cases as the two above, the local authority or NHS body must decide in each individual case whether it would be of benifit to the person who lacks capacity to have an IMCA support team. Policies will be developed locally in order to clarify when an IMCA could be involved.

People who are detained under the Mental Health Act are not eligible to receive a service from IMCA unless the decision involves medical treatment not related to their mental health problems.

 
   
The Code of Practice  

The Code of Practice supports the legal framework provided in the Act, which provides guidance and information to those acting under the terms of the legislation. The Code has statutory force, which means that certain categories of people have a legal duty to have regard to it. However, the Code is not an exhaustive guide and will be complemented by specialist information for professionals, literature for family carers and other carers and basic information of interest to the general public.

Other Useful information

 

Confidentiality Policy

Complaints Procedure

 
 

© 2007 nwas.org.uk Created By Neil Burke 07825567491 Email