Independent Mental Capacity Advocacy for people in the county of Hampshire

 October 2007 newsletter    June 2008 newsletter

The Act creates the new Independent Mental Capacity Advocacy (IMCA) service.
The purpose of the IMCA service is to help particularly vulnerable people who lack the capacity to make important decisions about serious medical treatment and changes in accommodation, and who have no family or friends that it would be appropriate to consult about those decisions. IMCAs will work with and support people who lack capacity, and represent their views to those who are working out their best interests.

Understanding the role of the IMCA service

  • The aim of the service is to provide independent safeguards for people who lack capacity to make certain important decisions and, at the time such decisions need to be made, have no-one else (other than paid staff) to support or represent them or be consulted.
  • IMCAs must be independent.

Instructing and consulting an IMCA

  • All local authorities and health bodies have a legal duty to instruct an IMCA where:

    1a decision is being made about either

    1) serious medical treatment or

    2) long term moves

    (this is where an NHS body or local authority is proposing to arrange accommodation, or make a change of accommodation, in hospital or a care home and the person will stay in hospital longer than 28 days, or they will stay in the care home for more than 8 weeks)

    2and the person does not have capacity to make that decision

    3and there are no family or friends appropriate to consult with

     

    An IMCA may be instructed to support someone who lacks capacity to make decisions concerning:

    4care reviews, where no-one else is available to be consulted

    5adult protection cases, whether or not family, friends or others are involved

    (Please consult your local practice guidance before making this type of referral)


Ensuring an IMCAs’ views are taken into account

  • The IMCA’s role is to support and represent the person who lacks capacity. Because of this, IMCAs have the right to see relevant healthcare and social care records.
  • Any information or reports provided by an IMCA must be taken into account as part of the process of working out whether a proposed decision is in the person’s best interests
HARG is a registered company limited by guarantee – registration number 6050515 and a registered charity - registration number 1124359
Registered office: Portman House, 53 Millbrook Road East, Southampton SO15 1HN
Telephone: 02380 715679 Web site: www.hampshireadvocacy.org.uk