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 to make specific important decisions: including making decisions about where they live and about serious medical treatment options. IMCAs are mainly instructed to represent people where there is no one independent of services, such as a family member or friend, who is able to represent the person.
What do IMCA’s do?
IMCAs are a safeguard for people who lack capacity to make some important decisions. The IMCA role is to support and represent the person in the decision-making process. Essentially they make sure that the Mental Capacity Act 2005 is being followed. The IMCA’s role is to:
• Meet and interview the person (in private if possible).
• Examine relevant health and social care records.
• Get the views of professionals and paid workers.
• Get the views of anybody else who can give information about the wishes and feelings, beliefs or values of the person.
• Find out other information which may be relevant to the decision.
Evaluate information
• Check that the person has been supported to be involved in the decision.
• Try to work out what the person’s wishes and feelings would be if they had capacity to make the decision and what values and beliefs would influence this.
• Make sure that different options have been considered.
• Decide whether to ask for a second medical opinion where it is a serious medical treatment decision.
IMCAs should raise any issues and concerns with the decision maker. This could be done verbally or in writing. IMCAs are required to produce a report for the person who instructed them. In most cases this should be provided to the decision maker before the decision is made.
People who instruct IMCAs must pay attention to any issues raised by the IMCA in making their decision.
Challenge decisions
In many cases IMCAs will be able to resolve any concerns they have with the decision maker before the decision is made. Where this has not been possible IMCAs may formally challenge the decision-making process. They can use local complaint procedures or try to get the matter looked at by the Court of Protection.
For more detailed information about IMCA’s and deprivation of liberty safeguards click here.
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