This file may not be suitable for users of assistive technology. We call this non-instructed advocacy. This practice guidance describes the role of Independent Mental Capacity Advocates (IMCAs) and paid representatives in the Mental Capacity Act Deprivation of Liberty Safeguards (MCA DOLS). What books do you recommend on the Mental Capacity Act and the Court of Protection? The statutory requirements of the Act are: Section 39c DoLS IMCA Copyright Cloverleaf Advocacy Ltd. All rights reserved. What is an Independent Mental Capacity Advocate (IMCA)? The Mental Capacity Act 2005 places the responsibility on health and social care professionals to ensure an IMCA is instructed to support an individual who lacks capacity in relation to: Care reviews, when no one else suitable is able to consult. What salary does a Independent Mental Capacity Advocate earn in your area? These are grouped below into four areas. It is for people who have been assessed as lacking the mental capacity to make a decision for themselves and: Certain decisions are being made for them in their best interests, and Examine relevant health and social care records. These advocates are called Independent Mental Capacity Advocates (IMCAs). (See our pages on the Mental Capacity Act 2005 for more information what 'lacking capacity' means.) Independent Mental Capacity Advocates who hold the City and Guilds Level 4 Independent Advocacy qualification for another pathway i.e. 9. 8. 1 Some terms used in this guide. The Mental Capacity Act 2005 created a new service, the Independent Mental Capacity Advocate (IMCA) service. The Independent Mental Capacity Advocate 1. They will work to ensure that you are fully represented in the decision making process. The information below outlines: Crucially, independent advocates are structurally, financially, and psychologically removed from service providers, healthcare providers, and other services. We also use cookies set by other sites to help us deliver content from their services. Making a referral to the IMCA Service. Meet with the person to try and gain their views, wishes and feelings. What is an Independent Mental Capacity Advocate (IMCA)? Some people may always lack capacity to make decisions due to an illness or disability they may have had from birth. People who need decisions making for them about moving home, going into hospital, having treatment or being deprived of their liberty in order to receive the care they need might be eligible for an IMCA. The role of an Independent Advocate is different to the role of a general Advocate because they are not just supporting the person to have a voice, but to facilitate and maximise their involvement in a whole range of adult Care and Support processes. IMCAs are a legal safeguard for people who lack the capacity to make specific important decisions : including making decisions about where they live and about serious medical treatment options. As an Independent Mental Capacity Advocate or Relevant Person's Representative, it's always best to get legal advice when challenging decisions made on behalf of someone who does not have the mental capacity. It also shows how important the care worker's knowledge of Mr Robinson is for the best interests decision. The Mental Capacity Act 2005 introduced the role of the independent mental capacity advocate (IMCA). Reviews undertaken by the NHS for people receiving continuing healthcare. Supporting and representing a person who lacks capacity and who has no other friends or family who can otherwise be consulted during a deprivation of liberty assessment process. Its a statutory service. There is a law called the 'Mental Capacity Act' and it protects people who can not make decisions about certain things for themselves. Local authorities and NHS trusts will be required when making these decisions to appoint an Imca to represent the . Support the person to be as involved as possible in the decision-making, Speak to other people in the persons life (e.g. These rights mean that IMHAs may: meet qualifying patients in private. This is usually when the person has been assessed as lacking the mental capacity to take particular kinds of decision, such as a long term move, or when serious medical treatment may be required. View this information on our Easy Read page, Email: referrals@cloverleaf-advocacy.co.uk, Post: Cloverleaf Advocacy, 5th Floor, Empire House, Wakefield Old Road, Dewsbury, WF12 8DJ. For others, this course will provide a detailed understanding of the knowledge required to provide IMCA support. This means that, under the Mental Capacity Act, local authorities and NHS organisations must refer people who need an IMCA. a secretary or member of nursing staff) should make the referral. IMCAs are a legal safeguard for people who lack the capacity to make specific important decisions: including making decisions about where they live and about serious medical treatment options. It must be witnessed and dated. When must an IMCA be instructed? Company Reg. Registered charity no. The Mental Capacity Act 2005 introduced the role of the independent mental capacity advocate (IMCA). What is an Independent Mental Capacity Advocate (IMCA)? Monday - Friday : 9.00am - 5.00pm. Gathering Information. You can find out more about the IMCA role in the MCA and DoLS Codes of Practice. When the MCA went through Parliament, disability organizations lobbied for it to include a form of advocacy, to help ensure that the rights of people with disabilities were protected when decisions were made under the MCA. Through advocacy, you can also be supported in standing up for your rights. This guide aims to support the work of local authority and NHS staff who may need to instruct and work with IMCAs in relation to accommodation decisions and care reviews. The Office of the Public Guardian has published a leaflet about the IMCA service. Mental capacity is the ability to make a decision. This factsheet sets out further information about IMCAs and the role they play. Independent Mental Capacity Advocacy (IMCA) The main role of an advocate under the Mental Capacity Act is to provide an independent safeguard for people assessed as not being able to make some important decisions. To help us improve GOV.UK, wed like to know more about your visit today. Dont worry we wont send you spam or share your email address with anyone. The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006 set out the IMCA's role and functions. An Independent Mental Health Advocate (IMHA) is a specialist advocate. care workers) to gather information, Decide whether to ask for a second opinion (for serious medical treatment decisions). IMCAs do not make decisions and they are independent of the people who do make the decisions. informed decisions, she has the right to an Independent Mental Capacity Advocate (IMCA), under the Mental Capacity Act 2005. An Independent Mental Capacity Advocate may be instructed to support a person who lacks capacity when: a care review is proposed and no one else is available to consult; it is proposed to take protective measures under the safeguarding adult procedures. If a person does not have family or friends appropriate to consult and lacks capacity, an IMCA can help. If you find it hard to make decisions and you do not have any friends or family who can speak for you, it is your legal right to have an independent advocate who knows about the Mental Capacity Act. Our IMCAs are Independent Mental Health Capacity Advocates who provide a legal safeguard for individuals who lack the ability to make important decisions, or who are deprived of liberty. Independent Mental Health Advocates (IMHAs) support people with issues relating to their mental health care and treatment. Rethink Advocacy offer a range of statutory and non-statutory advocacy services across the Boroughs of Wandsworth, for more on any of our services and eligibility criteria please contact us. Active 4 days ago Independent Mental Capacity Advocates are known as 'IMCAs'. ONLY a Supervisory Body can make a direct referral to the IMCA service to instruct a DoLS IMCA. Where can I find information about the Mental Capacity Act 2005? It is a common misconception that a person must be deemed as lacking mental capacity in order to qualify for an independent advocate. We use cookies to collect information, and enable our website to work properly. Independent mental capacity advocate ( IMCA) services support people who can't make or understand decisions by stating their views and wishes or securing their rights. Having experienced Mental Capacity Advocate on your side makes all the difference to the outcome because you're better prepared . Registered charity number 1064855 - Registered company number 3407428, Terms and Conditions and Privacy statement. Click herefor more information on cookies, including how to remove them. wandradvocacy@rethink.org. What is an Independent Mental Capacity Advocate? Independent Mental Capacity Advocate (IMCA) Apprenticeship. More specific details about what family and friends, doctors, social care staff and others need to know about IMCAs. Welfare cases in the Court of Protection: The views of professionals, Information for participants about the Court of Protection files study. The average salary for an Independent Mental Capacity Advocate is $31,189 per year in York (United Kingdom). Independent advocates help people to get the information they need to make real choices about their circumstances and support the person/group to put their choices across to others. The Duty Important to know 1092778 Mental Capacity Act 2005 provides legislation on the rights of people who have an impairment, injury or a disability which results in them being unable to make a specific decision for themselves, this includes the right to receive independent support and representation. Under certain circumstances, a DoLS IMCA can be instructed to act in a number of different ways. We can then get in touch with the person making the decision to discuss the referral with them. IMCAs can request second opinions for medical treatment decisions, and they can also bring complaints or initiate legal proceedings in the Court of Protection on behalf of the person. The Mental Capacity Act 2005 introduced the role of the independent mental capacity advocate (IMCA). In some circumstances such as when a person is deprived of their liberty under the DoLS a person might be referred to an IMCA even if they do have family or friends who could be consulted. consult with professionals concerned with the patient's care and treatment. An Independent Mental Capacity Advocate (IMCA) was used in 15 cases, a low figure considering the profile of victims (Stats Wales, 2017). Sometimes a vulnerable person who lacks capacity needs to be restricted in order to provide treatment or care which is necessary in their best interests to protect them from harm. The IMCA provides an independent safeguard if someone lacks capacity to make certain important decisions about their own well-being outcomes at the time they need to be made. Attend best interest meetings about the decision, Challenge decisions if it is appropriate (for example the principles of the Mental Capacity Act have not been followed), The person responsible for making the decision (usually a doctor or social worker) or someone acting on their behalf (e.g. Independent Mental Capacity Advocates (IMCAs) can support and represent people when they lack mental capacity to make certain important decisions. Independent mental capacity advocates. version of this document in a more accessible format, please email, Check benefits and financial support you can get, Limits on energy prices: Energy Price Guarantee, Making decisions: the Independent Mental Capacity Advocate service (OPG606), Health and social care workers: Mental Capacity Act decisions. Managing Authorities (Care Homes and Hospitals) should direct all DoLS related requests or queries to the relevant Supervisory Body DoLS Office. Other requirements Their. This means that, under the Mental Capacity Act, local authorities and NHS organisations must refer people who need an IMCA. Legal Requirements Sections 35-41 of the Mental Capacity Act set out the statutory requirements around the provision of an Independent Mental Capacity Advocate to support and represent people who lack capacity to make their own decisions. IMCAs are a legal safeguard for people who lack the capacity to make specific important decisions: including making decisions about where they live and about serious medical treatment options. Advocacy Focus are commissioned by Lancashire County Council to deliver an IMCA service across Lancashire. The Department of Health (DoH, 2005) states that an IMCA is statutory advocacy, independent of the hospital in which Joan has been detained. It is the role of an independent advocate to ensure that people involved in the care of someone who is assessed as lacking capacity act entirely in accordance with the 5 key principles. Independent Mental Capacity Advocacy (IMCA), Self-Advocacy for people with Autism/Aspergers, Self Advocacy for people with a Learning Difficulty, IMCA DOLS - Deprivation of Liberty Safeguards (DOLS), When a Local Authority or NHS body (whomever has funding responsibility) is proposing a, When an NHS body is considering stopping, starting or withholding, independent of the person making the decision, able to see all relevant health, social services and care home records, able to request an additional medical opinion, someone who has completed the national IMCA training, When a responsible body is proposing to take or has already undertaken, The person must lack the mental capacity to make the specific decision in question, There must be clear benefit for the individual client to have IMCA representation, The person has no friends or family who can otherwise be consulted (This does, supports and represents the person in the decision making process, find out the person's past and present wishes, feelings, values, evaluate information including accessing and copying relevant social and medical records, consult with others involved in the person's life, 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 the outcome of a capacity assessment) if necessary, informally first and through Court of Protection as a last resort. A person subject to a deprivation of liberty authorisation, or their unpaid RPR can gain support from a 39d DoLS IMCA in order to help them understand paperwork, call a review or mount an appeal. The right to an IMHA was introduced in 2007 under amendments to the 1983 Mental Health Act. Having mental capacity means being able to understand and retain information and then make a decision based on that information. Make a referral Commissioning and monitoring of IMCA services, IMCA involvement in accommodation decisions and care reviews, IMCA and paid relevant person's representative roles. Method: There were 22 participants from three community teams within learning disabilities . What is Independent Mental Capacity Advocacy? Where can I find out more about the history of the Mental Capacity Act 2005 and the Court of Protection? A DoLS IMCA is an Independent Mental Capacity Advocate (IMCA) who has obtained or is working towards the additional Deprivation of Liberty Qualification applicable to their role. To act, after the authorisation has been granted, as the RPR (where the original RPR is no longer available and a subsequent RPR has yet to be appointed). 3. An IMCA's role is to ensure that people are as involved as possible in major decisions about their lives, and that any decisions . The Independent Mental Capacity Advocacy services The responsible authorities Exceptions to the duty to instruct an independent mental capacity advocate (S.40) Disputes between IMCA and others Codes of Practice (see also Chapter 17) Changes to the role of the independent mental capacity advocate (S41) Implementation Care reviews IMCAs are mainly instructed to represent people . 6. Explore the role of IMCAs, and who is entitled to IMCA support. Where can I find out more about advance planning under the Mental Capacity Act? Last updated: 17/09/2021. These provisions state that when decisions are being made under the MCA in relation to particularly important issues such as placement in a hospital or care home for a prolonged period of time, or when contemplating serious medical treatment, the decision maker must make a referral to an IMCA if there is no-one other than a paid carer to consult about the persons care and welfare. People who lack mental capacity can be helped to express their views by an independent mental capacity advocate service. Independent Mental Capacity Advocates (IMCA) support and represent people who are assessed to lack the capacity to make decisions about certain prescribed decisions on their behalf, where they have no family or friends, who are otherwise willing, available and appropriate to consult with about those decisions. Not for profit company limited by guarantee. They're specially trained to support people who lack capacity and make sure their views and wishes are heard. These provisions state that when decisions are being made under the MCA in relation to particularly important issues such as placement in a hospital or care home for a prolonged period of time, or when contemplating serious medical . An Independent Mental Capacity Advocate (also known as an IMCA) works with people who lack mental capacity - on either a permanent or temporary basis - and have no one who is able to support them and represent them to make decisions. That is correct. It is accompanied by a Code of Practice and is based on common law and good practice. They're specially trained to support people who lack capacity and make sure their views and wishes are heard. The Act means you can have an advocate to help you make complicated decisions if you have no one else. The aim of the IMCA service is to provide independent safeguards for people who lack capacity and have no-one else (other than paid staff) to support or represent them or be consulted with to make important decisions about either: IMHAs can also: The Mental Capacity Act 2005 introduced the role of the Independent Mental Capacity Advocate (IMCA). Advance statement: this is a written statement, drawn up and signed when the person is well, which sets out how he/she would prefer to be treated (or not treated) if he/she were to become ill in the future. IMCAs are a legal safeguard for people who lack the capacity to make specific important decisions : including making decisions about where they live and about serious medical treatment options. The Tribunal and any medical practitioner treating the . POhWER advocates support people who have been deemed to lack mental capacity by a doctor or social worker. Making decisions: who decides when you cant? 7. The Independent Mental Capacity Advocacy is for people who have no or limited capacity and no appropriate person to support them to make specific time-based decisions about Serious Medical treatment An Accommodation move of over 8 weeks A Deprivation of Liberty (DoLs) The service is a referral only service and a referral form should have the name of the decision maker on it

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