Independent Mental Capacity Advocacy (IMCA)
The Mental Capacity Act
The Act is based around five important principles. These principles brought about changes in the way people without capacity are supported.
Since April 2007
Capacity must be assumed unless proved otherwise.
People cannot be treated as incapable of making a decision unless every effort has been made to assist their understanding.
People are not incapable of making a decision because the decision may seem unwise.
Any actions taken, or decisions made for people without capacity must be in their best interests.
Before doing something to someone making a decision on their behalf, you must consider how to achieve the outcome in the least restrictive way.
Who is it for?
Independent Mental Capacity Advocacy is for:
- people who lack capacity
- and without family or friends
- needs serious medical treatment
- or need to live somewhere new
- or maybe deprived of their liberty in a hospital care home
What needs to happen?
Local authorities and local health organisations have a duty to instruct an IMCA when decisions are made about:
- serious medical treatment
- changing where someone lives for more than 28 days
- when authorisation is sought to deprive someone of their liberty
What will the IMCA do?
- meet the person
- find out about their wishes and feelings, preferences and values
- talks to people who know them or have supported them in the past
- evaluate any information about the person and their situation. This can include their health and social care records.
- Consider the options and various possible courses of action
- ensure the decision-makers and assessors are made aware of the feelings, preferences and values of the individual
The decision maker must
Consider the pre-decision report.
Communicates their decision to the IMCA service.
Deprivation of liberty
Assessors should have regard to the IMCA report during the assessment.
Choices Advocacy provides IMCA's for people with learning disabilities in South West Hampshire.