The Mental Capacity Act provides for a role of Independent Mental Capacity Advocate (IMCA). The IMCA provides an independent safeguard to support:
- particular vulnerable people who lack capacity to make important decisions AND
- who have no-one to appropriately consult regarding certain decisions.
The Mental Capacity Act places an obligation on Local Authorities and/or NHS bodies to instruct and consult an IMCA when making decisions for a person who lacks capacity regarding the following areas:
- Serious Medical Treatment (Section 37);
- the Local Authority is proposing to arrange accommodation for someone for longer than 8 weeks (Section 38); and
- the NHS body is proposing to arrange accommodation for someone for longer than 28 days (Section 39).
The Mental Capacity Act also gives powers to Local Authorities to extend the functions of an IMCA service and may instruct an IMCA in cases of:
- Care Reviews, and
- Adult Protection Cases, (the criteria of friends and family does not apply in Adult Protection Cases).
In Cumbria, the contract for the IMCA service has been awarded to Advocacy Experience. For more information about Advocacy Experience, see their website (using the link below). For professionals wishing to make a referral for an IMCA, a leaflet, referral form, guidance and FAQs are available (see links below).
- Advocacy Experience website
- Cumbria Independent Mental Capacity Advocate Service - Leaflet for professionals (PDF 502KB)
- Independent Mental Capacity Advocate Referral Information and Form (PDF 240KB)
- Advocacy Experience IMCA Referral Guidance (PDF 79KB)
- Independent Mental Capacity Advocate Service Frequently Asked Questions (PDF 52KB)