Independent Mental Capacity Advocates

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 IMCA service is provided by Advocacy Experience.  For more information about Advocacy Experience, including their IMCA referral form for use by professionals, information leaflet, guidance for referrers and FAQs, see their website using the link below:

• Advocacy Experience website