Are you aware of IMCA – The Independent Mental Capacity advocacy
So who and what are IMCA?
POhWER IMCA advocates provide a free, confidential and independent service to support people who lack capacity to make certain decisions.
Since The Mental Capacity Act 2005 came into force in 2007, it was introduced that the new statutory role of the Independent Mental Capacity Advocate (IMCA) was to support people who lacked capacity to make certain decisions.
In which circumstances should an IMCA be involved?
First and foremost it is important to understand that there is now a legal duty for an IMCA to be instructed in these such circumstances:
- When there is a choice to be made in regards to a change of accommodation or in regards to serious medical treatment (SMT)
AND
- when the person in question has been deemed not to have time and issue specific capacity to make that decision
AND
- when the person has no close family or friends who are appropriate or practical to consult
Before we move on, let’s just look at the definitions of some of these points. What is actually meant by ‘Change of accommodation?’ Well according to IMCA themselves:
- “A Change of accommodation is when a LA (Litigation Authority) or NHS body propose to move a service user who meets IMCA criteria, to a hospital for more than 28 days, or to a care home for more than 8 weeks”.
A Serious medical treatement (SMT) change would be constituted if:
- “Treatment which involves providing, withdrawing or withholding treatment, which would be likely to involve serious consequences for the patient”.
So who is deemed as the ‘Decision Maker?’
- “The decision maker is the named person within either a Local Authority or NHS body who will consent to the course of action to be taken in regard to the change of accommodation or SMT.” The decision maker is often the budget holder.
What is meant by ‘No-one appropriate to consult?’
- If it has been deemed that there is no-one appropriate to consult then this would be a “person without relatives or friends, or where the Decision maker has accessed there to be no-one appropriate to consult.”
What can an IMCA actually do?
There are several things that an IMCA can do whilst being appointed. Not only do they represent and support the person who lacks capacity, but they will also gather information about that person and access it, this will include obtaining any relevant client records. They will also assure that the person’s wishes and feelings are taken into account as far as possible and make sure whether alternative courses of action have been considered and if necessary they will take care of getting a further medical opinion.
What happens next?
IMCA’s will put together a report and submit this to the Decision Maker. This report has legal weighting and will consist of their findings so that it can be used when assessing the information in accordance with the best interest checklist, before a final decision is made.
The basic process outlined
To the right will find a diagram that briefly outlines the process that an IMCA will take in a general situation. This is an easy to follow diagram and condenses the information above into a manageable size.
For further details on POhWER IMCA, please click here to be directed to their website or contact them at:
Hertfordshire, Luton and Bedfordshire:
POhWER IMCA
Primett Road
Stevenage
Hertfordshire
SG1 3EE
Telephone : 0845 223 0436
Fax : 0845 337 3052
Minicom : 0845 223 0435
Email : IMCA@pohwer.net
Website : www.pohwer.net
