IMCA

  • 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.
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  • IMCA’s make sure that the Mental Capacity Act 2005 is being followed.
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  • Serious Medical Treatment.

  • An IMCA must be instructed and consulted when:
  • an NHS body is proposing to provide, withhold or stop serious medical treatment
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  • 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
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  • 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
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  • 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

Contact us

  • IMHA Services for Gwynedd and Ynys Mon
  • Telephone referrals: 01248 354127
  • Email: advocacy@mhas.co.uk
  • Referral Form: Download