Independent Mental Capacity Advocacy Service - IMCA

The Independent Mental Capacity Advocacy service is provided by Independent Advocacy to all vulnerable people with learning disabilities in Central Cheshire. 

The IMCA Service is a new statutory advocacy service, introduced in the Mental Capacity Act 2005, which aims to empower and protect people who may lack capacity to make decisions for themselves.

 This came into effect April 2007

Under the Mental Capacity Act 2005 the Local Authority or NHS body has a responsibility to instruct an IMCA when making decisions for a person who lacks capacity and does not have friends or relatives to consult.

The IMCA Role

  Support a person who lacks capacity

Obtain and evaluate relevant information on behalf of the person

Ascertain as far as possible the person’s wishes and feelings

Ascertain alternative courses of action

Obtain a further medical opinion where necessary

Challenge the decision-maker, where appropriate

 Bring to the attention of the decision-maker all factors relevant to the decision.

Who is the decision maker ?

 The individual with either the Local Authority of the NHS body who has the responsibility for making decisions on issues of change of accommodation, serious medical treatment, care review or adult protection on behalf of the client who has been assessed as lacking capacity on any stated issue.

Does the person need an IMCA ?

Referrals are made by completing our IMCA Referral Form, available to download from this website.

CRITERIA:

Does the person have a condition which is affecting their ability to make decisions ? 

Is the person facing  decisions about :

serious medical treatment ?

change of accommodation?

Adult Protection Proceedings ?

or

a review of care or accommodation, where it is felt that the person would benefit from IMCA?

Is the person 16 years or older ?

Does the person lack capacity to make the particular decision?

Is there nobody (other than paid workers) whom the decision-maker considers are willing and able to be consulted about the decision?

Individuals must meet the FULL criteria to be able to access the service.

UNLESS…

It is regarding Adult Protection proceedings.  There is no requirement under this provision for the person to have no family or friends.

IMCA Information Sheet and Referral Form