Independent Mental Capacity Advocates (IMCAs) are a safeguard for people who lack capacity to make some important decisions.
An IMCA’s role is to support and represent a person in the decision-making process. They make sure the MCA is being followed. In IMCA must be instructed for people in these circumstances:
An IMCA may also be provided to people for other decisions concerning
- Care reviews
- Adult protection
In adult protection cases an IMCA may be instructed even where family members or others are available to be consulted.
IMCAs must be instructed for people who are being assessed as to whether they are currently being, or should be deprived of their liberty, where there is no-one “appropriate to consult”. You can learn more about this in our Deprivation of Liberty Safeguards (DoLS) Essentials course.
IMCA General Regulations 2006
This government legislation document sets out the functions of an IMCA. You can have look if you want to using the blue button. You might find it a bit difficult to read, but don’t worry, we have summarised the IMCA’s role below.
The role of the IMCA is grouped into these four areas:
- Gathering information
- Meet and interview the person (in private if possible).
- Examine relevant health and social care records.
- Get the views of professionals and paid workers.
- Get the views of anybody else who can give information about the wishes and feelings, beliefs or values of the person.
- Find out other information which may be relevant to the decision.
- Evaluating information
- Check that the person has been supported to be involved in the decision.
- Try to work out what the person’s wishes and feelings would be if they had capacity to make the decision and what values and beliefs would influence this.
- Make sure that different options have been considered.
- Decide whether to ask for a second medical opinion where it is a serious medical treatment decision.
- Making representationsIMCAs do not make decisions. They raise any issues and concerns with the decision maker. This could be done verbally or in writing. IMCAs are required to produce a report for the person who instructed them. In most cases this should be provided to the decision maker before the decision is made. People who instruct IMCAs must pay attention to any issues raised by the IMCA in making their decision.
- Challenging decisionsIn many cases IMCAs will be able to resolve any concerns they have with the decision maker before the decision is made. Where this has not been possible IMCAs may formally challenge the decision-making process. They can use local complaint procedures or try to get the matter looked at by the Court of Protection.
Watch the first 6 minutes of this short film from the Social Care Institute of Excellence.
It shows an IMCA interacting with a care worker and the person she supports. It demonstrates the importance of the care worker’s role in providing vital evidence towards an important decision about eating. A decision that could be made by professionals who do not know the individual on a personal level.
You have completed the learning for the Mental Capacity Act Essentials.
Remember the fantastic work you do everyday makes a real difference to people’s lives. You might not be able to change the world, but you can change the world for the individuals you are supporting and that’s pretty awesome!
You can now return to the assessments and complete any outstanding tasks. Once you have completed your assessment, you can see and download your certificate.
If you have any feedback, you can complete our quick evaluation form when you view your certificate.
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