Independent Mental Capacity Advocate (IMCA)

The IMCA service is a statutory service created under the Mental Capacity Act 2005 to provide safeguards for adults who lack capacity to make certain decisions.

When should a referral be made to the service?

An IMCA MUST be instructed when a person has no ‘appropriate’ family or friends with which to consult and lacks capacity to make a decision about either;

• serious medical treatment
• long term accommodation

The Managing Authority or Supervisory Body can also refer people in relation to Deprivation or Liberty Safeguards. The IMCA can be instructed to:

• Represent a person who is being assessed for an authorization, or where there is an assessment to determine whether there is an unlawful deprivation of liberty.
• Act as the relevant person’s representative (RPR) when no other representative is available.
• Support a person subject to an authorisation or their unpaid representative

What would an IMCA do?

• As far as possible, ascertain the person’s feelings, wishes, beliefs and values.
• Support the person who lacks capacity and represents their views and interests to the decision maker.
• Get the views of professionals and paid workers supporting the person.
• Check the decision being made is in line with the Mental Capacity Act.
• Write and submit a report to the decision maker (which they must take into account before making the decision).