The Mental Capacity Act 2005 introduced the role of the Independent Mental Capacity Advocate (IMCA).
IMCAs are a legal safeguard for people who lack the capacity, and who do not have family or friends to support them, to make specific important decisions about:
Serious medical treatment
Change of accommodation
Care reviews
Safeguarding
The IMCA role is to support and represent the person in the decision-making process.
IMCA’s make sure that the Mental Capacity Act 2005 is being followed.
Serious Medical Treatment
An IMCA must be instructed and consulted when:
an NHS body is proposing to provide, withhold or stop serious medical treatment
Care Reviews
The Mental Health Act 2005 clearly places a duty on Health and Social Care professionals to instruct an IMCA during:
Care Reviews for people in accommodation arranged by the local authority
Reviews undertaken by the NHS for people receiving Continuing Healthcare
Care Plan reviews taking place for inpatients
Safeguarding
The regulations set out in the Mental Capacity Act 2005, specify that local authorities and the NHS have powers to instruct an IMCA during the adult safeguarding process; if the following requirements have been met:
Safeguarding measures are being put in place in relation to the protection of vulnerable adults from abuse*
a person who may have been abused*
a person who has been neglected*
a person who is alleged to be the abuser*
*where the person lacks capacity
When these criteria have been met, the NHS or local authority have a legal obligation to instruct an IMCA
Change of Accommodation
An IMCA must be instructed and consulted when:
an NHS body is proposing to place/move a person in hospital for longer than 28 days
an NHS body or local authority is proposing to arrange/change accommodation in a care home for more than 8 weeks
Mental Health Advocacy Scheme
