Independent Mental Capacity Advocacy (IMCA)

An Independent Mental Capacity Advocate (IMCA) supports people who lack the mental capacity to make certain decisions (IMCA Best Interest) and people placed under a DoLS (IMCA DoLS) and do not have family or friends available to represent them.

IMCAs are written into the Mental Capacity Act 2005 to safeguard vulnerable individuals, and to ensure that they have someone independent of services to represent their views when key decisions need to be made. An IMCA ensures the person’s rights, wishes, and feelings are considered during decision-making processes.

An IMCA will:

• Meet with the person they are supporting
• Gather relevant information from professionals and records such as care and support plans
• Explore the person’s past and present wishes, feelings, beliefs, and values
• Speak with others who may know the person’s needs such as a carer or GP
• Ensure the decision-maker considers all relevant factors
• Provide an independent report to inform the decision-making process

The IMCA’s role is to ensure decisions are made in the person’s best interests, their rights are upheld, their needs are understood and their identities are protected.

Sometimes a vulnerable person who lacks capacity needs to be restricted in order to provide treatment or care which is necessary in their best interests to protect them from harm. The degree and level restrictions may amount to a deprivation of liberty (DoL).
Under certain circumstances, a DoLS IMCA can be instructed to act in a number of different ways.

An IMCA may be instructed when a person lacks capacity, and depending on the type of referral, if there is no one available or appropriate to support the person. Under IMCA DoLS, there are 3 types of referrals that can be made;

• Section 39a DoLS IMCA – Supporting and representing a person who lacks capacity and who has no other friends or family who can otherwise be consulted during a deprivation of liberty assessment process.
• Section 39c DoLS IMCA – To act, after the authorisation has been granted, as the RPR (where the original RPR is no longer available and a subsequent RPR has yet to be appointed). A 39c IMCA can be instructed to provide temporary cover for the absent RPR, fulfilling all of their duties on an interim basis, whilst alternative arrangements are made by the supervisory body to appoint another RPR.
• Section 39D DoLS IMCA – A person subject to a deprivation of liberty authorisation, or their unpaid RPR can gain support from a 39d DoLS IMCA in order to help them understand paperwork, call a review or mount an appeal. The supervisory body can also make a request for an IMCA 39d where they think either or both parties will benefit from the assistance of a 39d IMCA.