Independent Mental Capacity Advocate IMCA
The
Mental Capacity Act 2005 (MCA) creates the Independent Mental
Capacity Advocate (IMCA).
Advocacy Partners currently provides the
IMCA service in;
Camden, Croydon, Islington, Merton,
Sussex, Sutton, Tower Hamlets and Wandsworth.
You
can download an IMCA referral form (Word document) here
You
can download guidance to filling out the form here
Central Referrel Tel: 0845 0175
198
(calls cost 2p per minute during
daytimes (from 6am to 6pm), and a half pence per minute at all
other times.)
Fax:
0208 330 6622
email: imca@advocacypartners.org
Download this page in word here
Read
more about IMCA at www.dh.gov.uk/imca
Read
the MCA and its Code of Practice www.dca.gov.uk/legal-policymental-capacity/index.htm
Who should be referred to the
IMCA service?
The
LA/NHS decision-maker must refer any person who meets all the
following criteria:
· A
decision is being made about either
1)
serious medical treatment or
2) long
term moves (more than 28 days in hospital/8 weeks in care
home)
· and the
person does not have the capacity to make that decision
· and they have no
'appropriate' family or friends to consult with.
You
may also be able to make a referral where a
person does not have the capacity to agree to the arrangements
for;
3)
accommodation reviews, where there are no family or friends
able to support and represent the person.
4) adult protection proceedings, where
the person is victim or alleged perpetrator, regardless of
family and friend involvement.
You
will need to check your Local Authority guidelines about when
you can refer for reviews and adult protection
proceedings.
Who can refer people to the IMCA
service?
It
is the decision-maker's legal responsibility to decide if the
person meets the criteria and to make the referral. The
decision maker is the NHS or the Local Authority. E.g. Dr/
care manager. In Camden, Islington, Tower Hamlets and
Wandsworth only 'authorised' referers can refer. Please check
your intranet or ak your manager who these are in your
area.
We
may accept an initial referral from someone other than a
decision-maker where the referrer has been unsuccessful in
persuading the decision-maker to refer and it seems likely
that the person meets the criteria for an IMCA. In this
situation however, we will need to contact the decision-maker
to authorise the instruction of an IMCA before we provide an
IMCA.
What will the IMCA
do?
The
IMCA's role is set out in the MCA and further in IMCA
Regulations and the Code of Practice;
· support and represent the person in the
decision making process
· can meet the
person in private,
· find out the
person's past and present wishes, feelings, values
· evaluate information including
accessing and copying relevant social and medical records
· evaluate alternative courses of
action
· consult with others involved
in the person's life
· establish the
support given to the person in the decision making process
· seek a further medical opinion if
necessary
· check the Mental Capacity
Act principles and best interest check list are being
followed
· prepare a report, which the
decision maker has a legal duty to consider
· challenge the decision (including
capacity) if necessary, informally first and through Court of
protection as a last resort
The Mental Capacity Act 2005
(MCA)
This
is a new piece of legislation to empower and protect people
who may be unable to make some decisions for themselves. There
are five principles on the face of the MCA that you must
follow;
·
Assume a person has capacity unless proved otherwise
· Do not treat people as incapable of
making a decision unless you have tried all practicable steps
to help them
· A person is not
incapable of making a decision because their decision may seem
unwise
· All acts done/decisions must
be in the best interest of the person concerned
· Use the action least restrictive of the
person's rights and freedoms
The
person who is deciding to do an act on behalf of someone has
the responsibility to follow the Capacity test, which is set
out in the Mental Capacity Act.
Capacity test
Does
the person have an impairment that could affect their
capacity?
If yes, then a person is
unable to make a specific decision for themselves, if they are
unable to -
· understand the
information about the decision
·
retain that information
· use that
information to make the decision
·
communicate their decision
The
MCA also says that people must be given as much help as
possible to make their own decision, for example having time
to understand the information and access to
interpreters.
Best
Interests
If
after using the capacity test you have a reasonable belief
that the person lacks capacity to make that decision, then you
must take a Best interest decision.
The
MCA provides a Best Interest check list that you must
follow;
· Consider if the person may
have capacity at some other time
·
Involve the person who lacks capacity
· Have regard for their past and present
wishes, feelings, beliefs, values and other factors they would
consider if they were able
· Consider
all relevant circumstances
· Consult
with others who are involved in the care of the person
· Do not discriminate because of age,
condition etc.
You
can contact us for more information about the IMCA service and
if we provide IMCA in your area we may be able to come and
talk to your team.
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