Independent Mental Capacity Advocacy (IMCA)

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An Independent Mental Capacity Advocate safeguards the rights of a person who lacks capacity to make a particular decision.

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The IMCA gathers information, helps establish the person’s wishes, feelings, beliefs and values, and checks that the decision-making process considers their rights and circumstances. The IMCA does not make the decision or decide what is in the person’s best interests.

 

Who may qualify for an IMCA?

 

The person must:

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• be aged 16 or over

• have been assessed as lacking capacity to make the particular decision at the time it needs to be made

• require support with a qualifying decision or process.

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For serious medical treatment, accommodation decisions and care reviews, there must usually be nobody other than paid staff whom the decision-maker considers willing, able and appropriate to consult.

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This condition does not apply in the same way to safeguarding. An IMCA may be instructed during a safeguarding process even when the person has family or friends who could be consulted, where the responsible body considers that an IMCA would be of particular benefit.

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Capacity must be assessed in relation to the specific decision. A diagnosis or impairment alone does not establish that the person lacks capacity.

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When can an IMCA be instructed?

 

An IMCA must be instructed, where the statutory conditions are met, for:

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• a decision about serious medical treatment

• a qualifying long-term accommodation decision.

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An IMCA may also be instructed for:

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• certain reviews of accommodation or care arrangements

• safeguarding processes where protective action is being considered or has been taken

• particular circumstances arising under the Deprivation of Liberty Safeguards.

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Deprivation of Liberty Safeguards instructions must be made through the responsible local authority MCA or DoLS team.

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Court of Protection proceedings are a separate pathway and are not automatically grounds for an IMCA instruction. Please contact us if you are unsure which advocacy or representation service is required.

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What areas does the service cover?

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Our commissioned IMCA services cover Newcastle, Gateshead and South Tyneside.

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The relevant IMCA provider is normally determined by where the person is located when the instruction is required. If the person is currently outside these areas, the decision-maker should contact the IMCA service covering that area.

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Who can make an IMCA referral?

 

​The responsible NHS body or local authority decision-maker must instruct the IMCA.

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Another member of staff may complete and send the form on the decision-maker’s behalf where this has been agreed, but the referral must identify the responsible decision-maker.

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Individuals, relatives, friends and independent organisations cannot instruct an IMCA directly. They can ask the relevant NHS professional or local authority decision-maker to consider whether an IMCA is required.

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The person should be told about the referral wherever possible, and the referral should explain how they have been involved and how they communicate.

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Make a referral

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• Visit Make a referral to download the required referral form.

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If completing the form is difficult, call us on 0191 478 6472 or freephone 0300 303 1248. We can discuss what is happening and take the initial referral information by telephone or email when appropriate.

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Submitting a referral does not automatically mean that advocacy will be allocated. We will review the information and contact the person - or the person making the referral - to explain the next step.

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Further information

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• Visit our Resources page for information about advocacy.

• Click here to download an Independent Mental Capacity Advocacy leaflet (pdf).

• For advice about a referral, email mail@yvc.org.uk, call 0191 478 6472 or call freephone 0300 303 1248.

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