Supporting people who lack capacity to make some decisions for themselves

The Independent Mental Capacity Advocate (IMCA) is a new type of statutory advocacy introduced in the Mental Capacity Act 2005.  The service is provided by organisations that are independent from the NHS and local authorities.  AVA have been contracted jointly with Age Concern Bucks to run the service in Buckinghamshire, excluding Milton Keynes.

 

What is the IMCA's role?

The IMCA's role is to represent and support a person who lacks capacity, so that person is enabled, as far as possible, to participate in any relevant decisions about their care and welfare.

NHS bodies and local authorities have a legal duty to instruct an IMCA in two specific sets of circumstances:
1. Where serious medical treatment is proposed
2. When a change in long-term accommodation is envisaged.

IMCAs can also be instructed to support and represent a person in safeguarding cases and accommodation care reviews.

In both of the above cases, the following 2 sets of circumstances must be met before an IMCA can get involved:
1. The person must lack the capacity to make the specific decision, and
2. There must be no appropriate family member or friend who can be consulted, other than a paid worker.

IMCAs can also be instructed to support and represent a person in safeguarding cases and accommodation care reviews.

A more recent introduction of new provisions to the Mental Capacity Act are the Deprivation of Liberty Safeguards (DoLS).  If someone lacking capacity requires support during a DoLS assessment process, they are entitled to an IMCA if there is no-one other than a paid professional or carer to represent them.

 

Who is likely to need an IMCA?

Those who may need an IMCA could be people with:

    • A learning disability
    • Dementia
    • Acquired brain injury
    • Mental illness
    • A temporary loss of capacity - for whatever reason.

 

Who should make the referral to the IMCA Service?

A referral can only be authorised by the professional responsible for taking the decision on behalf of the person who lacks the capacity to take it themselves.

Who that is will vary according to the nature of the decision:

    • if it is a medical decision, the appropriate NHS body will be responsible, for example, consultants or doctors.
    • for accommodation changes, the local authority or NHS body will be responsible for making the referral, for example care managers.

 

The Deprivation of Liberty Safeguards are a further provision of the Mental Capacity Act – this provides for an IMCA to be instructed by the Supervisory Body during the assessment process for people lacking capacity who have no-one other than a paid professional or carer to represent them.

 

How does the referral process work?

This chart shows the decision process to ascertain if a person is entitled to an IMCA, how the IMCA becomes involved and the end result prior to closing the case.
Click here to view a PDF diagram of how the referral process works.

 

 

 

 

How is a referral made?

To make a referral you can print the IMCA referral form by clicking on this PDF link, completing the form and posting or faxing it to Age Concern at the address below. Alternatively the form is available by email from either ageconcern@ageconcerbucks.org.uk or support@av-advocates.org.uk

 

For more information regarding the IMCA Service in Bucks

For a PDF file giving more detailed information regarding the IMCA service click here.

 

Contact Details

Telephone: 01296 397035 (dedicated landline)

alternatively contact:

Age Concern Buckinghamshire
145 Meadowcroft, Aylesbury, Bucks, HP19 9HH
Tel. 01296 431911
Fax. 01296 330783
Email ageconcern@ageconcernbucks.org.uk

or

Aylesbury Vale Advocates
Pembroke Court, 28 Cambridge Street, Aylesbury, Bucks, HP20 1RS
Tel. 01296 432313
Fax. 01296 432313
Email support@av-advocates.org.uk

 

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