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Independent Mental Capacity Advocacy

The Mental Capacity Act 2005 introduced the role of the Independent Mental Capacity Advocate (IMCA).
IMCAs are an independent safeguard for people who lack the capacity,
and who do not have family or friends appropriate to support them, to make specific important decisions about:
• Serious medical treatment
• Change of accommodation
• Care reviews
• In adult protection cases, an IMCA may be appointed even where family members or others are available to be consulted. (Safeguarding)
The IMCA role is to support and represent the person in the decision-making process.
IMCA’s make sure that the Mental Capacity Act 2005 is being followed.

Serious Medical Treatment

An IMCA must be instructed and consulted when:

•an NHS body is proposing to provide, withold or stop serious medical treatment

Change of Accommodation

An IMCA must be instructed and consulted when:

•an NHS body is proposing to place/move a person in hospital for longer than 28 days
•an NHS body or local authority is proposing to arrange/change accommodation in a care home for more than 8 weeks

Care Reviews

The Mental Capacity Act 2005 clearly places a power on Health and Social Care professionals to instruct an IMCA during:

•Care Reviews for people in accommodation arranged by the local authority
•Reviews undertaken by the NHS for people receiving Continuing Healthcare
•Care Plan reviews taking place for inpatients

Safeguarding

The regulations set out in the Mental Capacity Act 2005, specify that local authorities and the NHS have powers to instruct an IMCA during the adult safeguarding process; even where family members or others are available to be consulted.

If the following requirements have been met:

•Safeguarding measures are being put in place in relation to the protection of vulnerable adults from abuse*
•a person who may have been abused*
•a person who has been neglected*
•a person who is alleged to be the abuser*
*where the person lacks capacity

...the NHS or local authority have the power to instruct an IMCA.

Areas Covered

We currently offer this service in the counties of Flintshire and Wrexham

Seamless Link

Advocacy Services North East Wales operate with a
"SEAMLESS LINK" between services.
If you are a client in the community and become an IMHA/IMCA client we will endeavour to ensure you keep the same advocate.