The
Independent Mental Capacity Advocate (IMCA) Service
The
Mental Capacity Act 2005 required the introduction of
a new Independent Mental Capacity Advocate Service. This service is applicable
from the 1st
April 2007.
withholding, of serious medical treatment.
residential nursing or other supported care environment.
a
responsible body as to their accommodation, or;
protective measures under adult protection procedures.
Making
a Referral
Asist
will confirm acceptance of the referral within one working day
of receipt.
For
further information please see our list of frequently asked
questions (FAQs). You can contact Asist using
the details above, or the IMCA project leads at Staffordshire or Stoke on
The
form represents a formal instruction under the terms of the Mental Capacity Act
2005 and Asist is obliged to receive and retain a completed form for each case.
We regret any inconvenience this may cause and trust that persons making
referrals will understand that we must request the form in order to comply with
the terms of our contract to supply the service.
An
Authorised Officer is a person who has been given approval to instruct an IMCA
by the body responsible for the decision. This is at the discretion of the
responsible body, however, examples of Authorised Officers might include
Consultants, Doctors, Psychiatrists, Social Workers, Team Managers and Nurses
or, indeed, anyone who is acting with the Decision Maker’s approval.
A
Client Contact is the person most appropriate for the IMCA to contact in order
to make arrangements to visit the person who is the subject of the decision.
They need not be involved in the decision process but should be able to make
arrangements for access.
The
Decision Maker is the person who has the ultimate responsibility for making the
decision, and is the person to whom the IMCA will present their findings and
report.
It
is important to recognise that the Authorised Officer, Client Contact and
Decision Maker may all be the same person, however, the referral form has to
allow for the fact that they may be different.
In
respect of persons requiring Serious Medical Treatment it is envisaged that the
responsible body will instruct the IMCA Service covering the location where the
person is being treated. In respect of long term care, section 10.12 of the Code
of Practice states that “The organisation that must instruct the IMCA is the
one that is ultimately responsible for the decision to move the person. The IMCA
to be instructed is the one who works wherever the person is at the time that
the person needs support and representation.” The Department of Health lead on
the IMCA Service, Paul Gantley, recently put this quite succinctly when he
stated that the service is instructed where the person is, not where they live.
Is
the IMCA a Decision Maker?
No.
The IMCA does not make decisions and, for the avoidance of doubt, does not
propose solutions or choose from a range of options. The Act makes it clear that
the role of the IMCA is solely to provide information which the Decision Maker
may take into consideration in reaching a decision.
Is
the IMCA Service an emergency response service?
No.
The service is commissioned on a 9-5 Monday to Friday basis, and Asist will
confirm acceptance of a referral within one working day of receipt. Asist will
make every effort to be flexible and to provide a quick response where
necessary, however, we trust our referrers will appreciate that, at this stage,
the demand for the service is not known, and there will undoubtedly be a steep
learning curve for all involved in instructing and providing the service.
What
constitutes Serious Medical Treatment?
The
definition of Serious Medical Treatment is contained within the Mental Capacity
Act Code of Practice sections 10.43 through 10.45. The Code of Practice is
available on the Department for Constitutional Affairs website at www.dca.gov.uk/menincap/legis.htm#codeofpractice
When
are friends or family inappropriate to consult?
In general terms, the IMCA
Service is only available to persons who lack capacity and have no friends or
family to support them, however, there can be exceptions. The most obvious
exception is where the IMCA is being instructed in relation to procedures for
the protection of vulnerable adults and friends or family are involved in the
situation.
It is not possible to give definitive guidance on other situations where friends or family may be available yet considered inappropriate as each case must be judged on its merits, however, the following is offered as general guidance on situations where an exception might be considered reasonable.
Friends or family could be considered inappropriate to consult if…
Where
can I find out more about the IMCA Service?
Most
authorities are providing local training on the Mental Capacity Act, including
the IMCA Service, and you should check for availability on notice boards and
with Team Managers.
The
Mental Capacity Act Code of Practice chapter 10 explains the IMCA Service. It is
available on the Department for Constitutional Affairs website at www.dca.gov.uk/menincap/legis.htm#codeofpractice
The
Department of Health website also provides a useful information bulletin on the
IMCA Service from April 2007 which is available at www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_066049
The
IMCA Service leads for Stoke on Trent City Council and Staffordshire County
Councils are given below. These persons represent the Councils on an IMCA
Steering Group which will monitor the performance of the Service and provide a
forum for any issues to be addressed. These are:-