Indepedent Mental Capacity Advocate (IMCA)
The IMCA service provides independent safeguards for vulnerable adults who lack capacity to make certain important decisions. They are mainly instructed to support and advocate for people where there is no one independent of services, such as a family member or friend, who is able to represent the person.
An IMCA will work with the person who lacks capacity and represent their views to those who assessing what in their best interests. If they disagree with the decision, the IMCA has a right to challenge the decision maker on behalf of the person they are representing.
It is statutory to instruct and consult an IMCA when a person lacks capacity to make a particular decision around:
- Withholding or withdrawing serious medical treatment
- Proposing to arrange accommodation, or a change of accommodation in a hospital or care home setting, and:
- The person will stay in hospital longer than 28 days
- They will stay in the care home more than 8 weeks
It is possible to involve an IMCA in other decisions, for example a care review, or for issues around safeguarding where protective measures are being proposed or taken. In these cases, an IMCA may be instructed even where the individual has family or friends available to be consulted.
IMCAs may also be appointed by the Supervisory Body where a person is subject to, or being assessed under, the Deprivation of Liberty Safeguards.
What the IMCA will not do:
- IMCAs do not assess the person’s capacity; that is the responsibility of the decision maker
- They do not make the decision on behalf of the person who lacks capacity, or on behalf of the decision maker
- IMCAs do not provide continuing advocacy support when the decision-making process is complete
The IMCA service in Rotherham is provided by Absolute Advocacy who deliver all advocacy for the authority. To refer into your service, speak to the MCA lead in your organisation.