Independent Mental Capacity Advocacy represents and supports those in need. The Department of Health publishes reports each year on the IMCA service; the Sixth Annual Report was published in 2014. Monday - Friday : 9.00am - 5.00pm. An IMCA is an advocate who has been specially trained to support people who are not able to make certain decisions for themselves and do not have family or friends who are able to speak for them. a secretary or member of nursing staff) should make the referral. As an Independent Mental Capacity Advocate or Relevant Person's Representative, it's always best to get legal advice when challenging decisions made on behalf of someone who does not have the mental capacity. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Jobs - Donate - Your feedback Their. The average salary for an Independent Mental Capacity Advocate is $31,189 per year in York (United Kingdom). Making decisions: who decides when you cant? (2) These Regulations come into force on 1 October. These are grouped below into four areas. A DoLS IMCA is an Independent Mental Capacity Advocate (IMCA) who has obtained or is working towards the additional Deprivation of Liberty Qualification applicable to their role. Where can I find out more about the history of the Mental Capacity Act 2005 and the Court of Protection? There is a law called the 'Mental Capacity Act' and it protects people who can not make decisions about certain things for themselves. What is an Independent Mental Capacity Advocate (IMCA)? Having experienced Mental Capacity Advocate on your side makes all the difference to the outcome because you're better prepared . An Independent Mental Health Advocate (IMHA) is a specialist advocate. Consequently, the government introduced the Independent Mental Capacity Advocate (IMCA) scheme in s35-41 MCA. The decision maker is the person who has ultimate legal responsibility for making the best interest decision. You can find out more about the IMCA role in the MCA and DoLS Codes of Practice. version of this document in a more accessible format, please email, Check benefits and financial support you can get, Limits on energy prices: Energy Price Guarantee, Making decisions: the Independent Mental Capacity Advocate service (OPG606), Health and social care workers: Mental Capacity Act decisions. The Tribunal and any medical practitioner treating the . Someone who helps you or your loved ones in this way is called your advocate. Independent Mental Capacity Advocacy (IMCA) The main role of an advocate under the Mental Capacity Act is to provide an independent safeguard for people assessed as not being able to make some important decisions. The decision maker or someone appointed by them should make the referral directly to our service. To make a referral for an IMCA, please click here. 1 Some terms used in this guide. IMCAs are mainly instructed to represent people where there is no one independent of services, such as a family member or friend, who is able to represent the person. Copyright Cloverleaf Advocacy Ltd. All rights reserved. 1. consult with professionals concerned with the patient's care and treatment. 1. Bangor +2 locations 22,287 - 23,613 a year Full-time Responsive employer Provide an IMCA service to people experiencing mental capacity issues as defined in the Mental Capacity Act 2005.. Ni fydd CV yn cael ei derbyn. social care The IMCA must help the person to participate in any decisions made about them, and must also write a report for decision makers about the persons wishes, feelings, values and beliefs, and any alternative options which might be available. The Mental Capacity Act 2005 places the responsibility on health and social care professionals to ensure an IMCA is instructed to support an individual who lacks capacity in relation to: Care reviews, when no one else suitable is able to consult. Advice workers: Mental Capacity Act decisions. Being unable to make decisions when it is needed is called 'lacking capacity'. An Independent Mental Capacity Advocate is also known as an IMCA. (See our pages on the Mental Capacity Act 2005 for more information what 'lacking capacity' means.) 'Clear, informative and enjoyable. Dont include personal or financial information like your National Insurance number or credit card details. Our experienced team of mental capacity lawyers can give you expert advice and representation if you need to dispute a decision or challenge a deprivation of liberty. Advocacy Focus are commissioned by Lancashire County Council to deliver an IMCA service across Lancashire. consult with professionals concerned with the patient's care and treatment. The role of an Independent Advocate is different to the role of a general Advocate because they are not just supporting the person to have a voice, but to facilitate and maximise their involvement in a whole range of adult Care and Support processes. If you use assistive technology (such as a screen reader) and need a 4. Legal Requirements Sections 35-41 of the Mental Capacity Act set out the statutory requirements around the provision of an Independent Mental Capacity Advocate to support and represent people who lack capacity to make their own decisions. The Mental Capacity Act 2005 introduced the role of the IMCA. This means that, under the Mental Capacity Act, local authorities and NHS organisations must refer people who need an IMCA. IMCAs can request second opinions for medical treatment decisions, and they can also bring complaints or initiate legal proceedings in the Court of Protection on behalf of the person. 3. 7. These provisions state that when decisions are being made under the MCA in relation to particularly important issues such as placement in a hospital or care home for a prolonged period of time, or when contemplating serious medical treatment, the decision maker must make a referral to an IMCA if there is no-one other than a paid carer to consult about the persons care and welfare. It includes information on who can be represented by IMCA, who and when an IMCA can be instructed, sharing and accessing information and resources. Click here to see the total pay, recent salaries shared and more! An Independent Mental Capacity Advocate (IMCA) is an advocate appointed to act on your behalf if you lack capacity to make certain decisions. The role of an IMCA is part of the safeguards under the Mental Capacity Act. 2. We can then get in touch with the person making the decision to discuss the referral with them. This means that, under the Mental Capacity Act, local authorities and NHS organisations must refer people who need an IMCA. What is the abbreviation for Independent Mental Capacity Advocate? - Contact us. Who might need this: people aged 16+ who dont have the capacity to make specific decisions (about where they live or serious medical treatment, safeguarding, care reviews) and who dont have anyone who can be consulted about those decisions. 4289790 An advocate might support someone who doesn't have appropriate family or friends. 9. 10. An Independent Mental Capacity Advocate may be instructed to support a person who lacks capacity when: a care review is proposed and no one else is available to consult; it is proposed to take protective measures under the safeguarding adult procedures. It is for people who have been assessed as lacking the mental capacity to make a decision for themselves and: Certain decisions are being made for them in their best interests, and We call this non-instructed advocacy. For further details please refer to The Deprivation of Liberty Code of Practice can be found here. 1136855, Welfare cases and the Court of Protection. Once the application has been approved the SB can also instruct a DOLS IMCA either to support the RP, the RPR, both the RP and the RPR, or to act as the RPR themselves if no representative is available. These provisions state that when decisions are being made under the MCA in relation to particularly important issues such as placement in a hospital or care home for a prolonged period of time, or when contemplating serious medical . We use some essential cookies to make this website work. (1) The title of these Regulations is the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 2007. Get the views of professionals and . Commissioning and monitoring of IMCA services, IMCA involvement in accommodation decisions and care reviews, IMCA and paid relevant person's representative roles. mental capacity? Deprivation of Liberty Safeguards protect people who lack mental capacity from being detained when this is not in their best interests. The Independent Mental Capacity Advocacy is for people who have no or limited capacity and no appropriate person to support them to make specific time-based decisions about Serious Medical treatment An Accommodation move of over 8 weeks A Deprivation of Liberty (DoLs) The service is a referral only service and a referral form should have the name of the decision maker on it An IMCA can support someone with best interests decisions about An Independent Mental Capacity Advocate (IMCA) supports people who have been assessed to lack capacity to make a 'best interest decision'. Our advocates will find different ways of working to help establish peoples views and wishes as far as possible so that their rights can be upheld. The Mental Capacity Act 2005 created a new service, the Independent Mental Capacity Advocate (IMCA) service. Well send you a link to a feedback form. If a person does not have family or friends appropriate to consult and lacks capacity, an IMCA can help. Meet with the person to try and gain their views, wishes and feelings. They also give people the right to challenge a decision. This file may not be suitable for users of assistive technology. It is accompanied by a Code of Practice and is based on common law and good practice. The principles of independent advocacy They will work to ensure that you are fully represented in the decision making process. This practice guidance describes the role of Independent Mental Capacity Advocates (IMCAs) and paid representatives in the Mental Capacity Act Deprivation of Liberty Safeguards (MCA DOLS). An IMCA can only be requested by the . IMCAs are mainly instructed to represent people . Registered charity number 1064855 - Registered company number 3407428, Terms and Conditions and Privacy statement. Copyright Cardiff University. What is an Independent Mental Capacity Advocate (IMCA)? What books do you recommend on the Mental Capacity Act and the Court of Protection? Write a report for the person responsible for making the decision (usually a social worker or doctor). Where can I find information about the Mental Capacity Act 2005? What are the deprivation of liberty safeguards? Company Reg. IMHAs aid individuals to understand their rights under the Mental Health Act (1983) and understand any medical treatment that is being considered. These rights mean that IMHAs may: meet qualifying patients in private. For the most part, the IMCAs role is to find out about the persons wishes, feelings, values and beliefs, by talking to the person, those involved in their care and treatment, and any other people who might be in a position to comment on these. Information on who provides IMCA services in each local authority area. What is an Independent Mental Capacity Advocate (IMCA)? What is an Independent Mental Capacity Advocate? Dont worry we wont send you spam or share your email address with anyone. If you think someone should have the support of an IMCA, but you do not work for the local authority or NHS, you can still contact us and let us know. Gathering Information. Mental Capacity Act 2005 provides legislation on the rights of people who have an impairment, injury or a disability which results in them being unable to make a specific decision for themselves, this includes the right to receive independent support and representation. Our IMCAs are Independent Mental Health Capacity Advocates who provide a legal safeguard for individuals who lack the ability to make important decisions, or who are deprived of liberty. Saturday - Sunday : Closed. Independent Mental Capacity Advocates (IMCA) support and represent people who are assessed to lack the capacity to make decisions about certain prescribed decisions on their behalf, where they have no family or friends, who are otherwise willing, available and appropriate to consult with about those decisions. It also shows how important the care worker's knowledge of Mr Robinson is for the best interests decision. Charity No. People who lack mental capacity can be helped to express their views by an independent mental capacity advocate service. Independent Mental Capacity Advocacy (IMCA), Self-Advocacy for people with Autism/Aspergers, Self Advocacy for people with a Learning Difficulty, IMCA DOLS - Deprivation of Liberty Safeguards (DOLS), When a Local Authority or NHS body (whomever has funding responsibility) is proposing a, When an NHS body is considering stopping, starting or withholding, independent of the person making the decision, able to see all relevant health, social services and care home records, able to request an additional medical opinion, someone who has completed the national IMCA training, When a responsible body is proposing to take or has already undertaken, The person must lack the mental capacity to make the specific decision in question, There must be clear benefit for the individual client to have IMCA representation, The person has no friends or family who can otherwise be consulted (This does, supports and represents the person in the decision making process, find out the person's past and present wishes, feelings, values, evaluate information including accessing and copying relevant social and medical records, consult with others involved in the person's life, seek a further medical opinion if necessary, check the Mental Capacity Act principles and best interest check list are being followed, prepare a report, which the decision maker has a legal duty to consider, challenge the decision (including the outcome of a capacity assessment) if necessary, informally first and through Court of Protection as a last resort. This means that, under the Mental Capacity Act, local authorities and NHS organisations must refer people who need an IMCA. Independent Mental Capacity Advocate (IMCA) Apprenticeship. To help us improve GOV.UK, wed like to know more about your visit today. When a person is deprived of their liberty, IMCAs also have obligations to help a person to understand and exercise their rights. (1) The [ F1 responsible authority] must make such arrangements as it considers reasonable to enable persons ("independent mental capacity advocates") to be [ F2 available to represent and. This factsheet sets out further information about IMCAs and the role they play. Advocacy for All celebrates their 25th Birthday!! IMCAs are a legal safeguard for people who lack the capacity to make specific important decisions : including making decisions about where they live and about serious medical treatment options. wandradvocacy@rethink.org. An IMCA is an independent advocate who must be appointed to support a person in certain situations. Independent advocates help people to get the information they need to make real choices about their circumstances and support the person/group to put their choices across to others. To act, after the authorisation has been granted, as the RPR (where the original RPR is no longer available and a subsequent RPR has yet to be appointed). Where can I find out more about applying to the Court of Protection? An Independent Mental Capacity Advocate (also known as an IMCA) works with people who lack mental capacity - on either a permanent or temporary basis - and have no one who is able to support them and represent them to make decisions. Examine relevant health and social care records. The supervisory body can also make a request for an IMCA 39d where they think either or both parties will benefit from the assistance of a 39d IMCA. If you are an advocate and already qualified at Level 3 or 4, this course continues your development and provides a detailed understanding of the purpose of the Independent Mental Capacity Advocate role (IMCA). Advance statement: this is a written statement, drawn up and signed when the person is well, which sets out how he/she would prefer to be treated (or not treated) if he/she were to become ill in the future. 5. When the MCA went through Parliament, disability organizations lobbied for it to include a form of advocacy, to help ensure that the rights of people with disabilities were protected when decisions were made under the MCA. This is essentially a new safeguard for adults when they lack the capacity to make critical health and welfare decisions, particularly those without family or friends to represent them. The right to an IMHA was introduced in 2007 under amendments to the 1983 Mental Health Act. What do commentators say about the Mental Capacity Act, the Deprivation of Liberty Safeguards and the Court of Protection? Background: The aim of this study was to evaluate the extent to which care managers in learning disability services understand the role of the Independent Mental Capacity Advocate (IMCA) service, and the difference between the newly created statutory IMCA and existing general advocacy (GA) services. It's a statutory service. An Independent Mental Health Advocate (IMHA) supports people with issues relating to their mental health care and treatment and ensures their rights under the Mental Health Act. The role of Independent Mental Capacity Advocates (IMCAs) is to support and represent a person who lacks capacity in making a specific decision, and who has no-one (other than paid carers) to support them. It must be witnessed and dated. As an Independent Mental Capacity Advocate (IMCA) or Relevant Person's Representative (RPR), you might need legal support to carry out your role. . adults, children and young people or mental health would be expected to complete the competency framework for their new role. The degree and level restrictions may amount to a deprivation of liberty (DOL). Local authorities and NHS trusts will be required when making these decisions to appoint an Imca to represent the . The information below outlines: It is the role of an independent advocate to ensure that people involved in the care of someone who is assessed as lacking capacity act entirely in accordance with the 5 key principles. The Mental Capacity Act 2005 introduced the role of the independent mental capacity advocate (IMCA). Litigation Friend and Rule 1.2 Representative Services. Having mental capacity means being able to understand and retain information and then make a decision based on that information. The IMCA provides an independent safeguard if someone lacks capacity to make certain important decisions about their own well-being outcomes at the time they need to be made. Summary. There are lots of . Independent Mental Capacity Advocates (IMCAs) can support and represent people when they lack mental capacity to make certain important decisions. 4 Independent Mental Capacity Advocate Salaries provided anonymously by employees. They are particularly important if you do not have a family member, carer or friends to consult about decisions. This is usually when the person has been assessed as lacking the mental capacity to take particular kinds of decision, such as a long term move, or when serious medical treatment may be required. The right to an IMHA was introduced in 2007 under amendments to the 1983 Mental Health Act. That is correct. The Mental Capacity Act 2005 introduced the role of the independent mental capacity advocate (IMCA). IMHAs can also: All rights reserved. This good practice guide contains information on issues to consider when reviewing IMCA contracts, a revised example service specification, suggestions for assessing quality, an example engagement protocol and suggested tender requirements. The Department of Health (DoH, 2005) states that an IMCA is statutory advocacy, independent of the hospital in which Joan has been detained. Method: There were 22 participants from three community teams within learning disabilities . For others, this course will provide a detailed understanding of the knowledge required to provide IMCA support. Rethink Advocacy offer a range of statutory and non-statutory advocacy services across the Boroughs of Wandsworth, for more on any of our services and eligibility criteria please contact us. Independent Mental Capacity Advocates are known as 'IMCAs'. The scheme will require the successful candidates to follow a Level 4 Independent advocacy course attending college virtually 2 days per month. The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006 set out the IMCA's role and functions. A 39c IMCA can be instructed to provide temporary cover for the absent RPR, fulfilling all of their duties on an interim basis, whilst alternative arrangements are made by the supervisory body to appoint another RPR. The Independent Mental Capacity Advocacy Service is a statutory service provided under the Mental Capacity Act (2005), which aims to empower and protect people who lack capacity to make decisions for themselves. You can change your cookie settings at any time. More specific details about what family and friends, doctors, social care staff and others need to know about IMCAs. Independent Mental Capacity Advocates who hold the City and Guilds Level 4 Independent Advocacy qualification for another pathway i.e. A DOLS IMCA has all of the usual duties applicable to an Independent Mental Capacity Advocate but with specific additional duties which are dependent on the type of IMCA DoLS role they have been instructed to fulfil. If you decide not to accept cookies, our site may not work as expected and some information may not be available. There is a specific criteria for who can access an IMCA. What do mental capacity and best interests mean? Supporting and representing a person who lacks capacity and who has no other friends or family who can otherwise be consulted during a deprivation of liberty assessment process. Managing Authorities (Care Homes and Hospitals) should direct all DoLS related requests or queries to the relevant Supervisory Body DoLS Office. An Independent Mental Health Advocate (IMHA) is a specialist advocate. It is a common misconception that a person must be deemed as lacking mental capacity in order to qualify for an independent advocate. Occupational Therapist. institute for excellence. Its a statutory service. The Mental Capacity Act 2005 introduced the role of the independent mental capacity advocate (IMCA). It puts the needs and wishes of the person at the centre of any decision making process. Independent mental capacity advocates An IMCA is an experienced and trained individual who should represent and support the person through the LPS authorisation process and while the LPS. Independent Mental Capacity Advocates are known as 'IMCAs'. What does an Independent Mental Capacity Advcocate do? Independent Mental Capacity Advocate (IMCA) The Mental Capacity Act 2005 introduced the role of the independent mental capacity advocate (IMCA). A decision needs to be made about either serious medical treatment or a long-term change in where the person lives. One example might be when a decision needs to be made about the person's long-term accommodation and whether their needs would be better met in a residential care setting. The Independent Mental Capacity Advocate 1. An independent advocate may speak on behalf of people who are unable to do so for themselves. Mental capacity is the ability to make a decision. We also use cookies set by other sites to help us deliver content from their services. Advocacy in health and social care means getting support from another person to help you or your loved ones express views and wishes. IMCAs are a legal safeguard for people who lack the capacity to make specific important decisions: including making decisions about where they live and about serious medical treatment options. IMCAs are a legal safeguard for people who lack the capacity to make specific important decisions : including making decisions about where they live and about serious medical treatment options. 1092778 'Lacking capacity' means you are not able to make certain decisions. For example, they can help you if you face difficult choices about moving away from your home or are in need . Making a referral to the IMCA Service. Independent Mental Capacity Advocates are known as IMCAs. Section 39a DoLS IMCA Last updated: 17/09/2021. Under certain circumstances, a DoLS IMCA can be instructed to act in a number of different ways. The act created the independent mental capacity advocate (Imca) service to help and support people who lack capacity and have no family or friends make important decisions about serious medical treatment and changes in residence. IMCAs can have a statutory role in adult protection cases that is detailed in this paper. IMCAs are a legal safeguard for people who lack the capacity to make specific important decisions: including making decisions about where they live and about serious medical treatment options. In some circumstances there is a legal duty for a person to have support from an IMCA. '@SCIE_socialcare sector advice on best interest, mental capacity, DoLS etc are the best resource for these conundrums'. Attend best interest meetings about the decision, Challenge decisions if it is appropriate (for example the principles of the Mental Capacity Act have not been followed), The person responsible for making the decision (usually a doctor or social worker) or someone acting on their behalf (e.g. IMCAs are a legal safeguard for people who lack the capacity to make specific important decisions, including making decisions about where they live and about serious medical treatment options. Independent mental capacity advocate (IMCA) services support people who cant make or understand decisions by stating their views and wishes or securing their rights. Welfare cases in the Court of Protection: The views of professionals, Information for participants about the Court of Protection files study. No. Explore the role of IMCAs, and who is entitled to IMCA support. The person lacks capacity to make that decision. Feel much more confident about the MCA'. SCIE, Isosceles Head OfficeOne High StreetEgham TW20 9HJ, Social Care Institute for Excellence. These rights mean that IMHAs may: meet qualifying patients in private. It's a statutory service. 6. Section 39c DoLS IMCA Independent Mental Capacity Advocacy. This guide aims to support the work of local authority and NHS staff who may need to instruct and work with IMCAs in relation to accommodation decisions and care reviews. A person subject to a deprivation of liberty authorisation, or their unpaid RPR can gain support from a 39d DoLS IMCA in order to help them understand paperwork, call a review or mount an appeal. The Mental Capacity Act 2005 is a comprehensive legal framework for decision making for people who lack capacity to make particular decisions for themselves. IMCAs are a legal safeguard for people who lack the capacity to make specific important decisions: including making decisions about where they live and about serious medical treatment options. Independent Mental Capacity Advocates (IMCAs) support people when they are assessed to lack capacity to make a best interest decision and they do not have family or friends appropriate to consult about the decision. Our IMCAs usually support individuals who do not have any family or friends that are able to represent them. The Independent Mental Capacity Advocacy services The responsible authorities Exceptions to the duty to instruct an independent mental capacity advocate (S.40) Disputes between IMCA and others Codes of Practice (see also Chapter 17) Changes to the role of the independent mental capacity advocate (S41) Implementation Care reviews Independent Mental Capacity Advocateis abbreviated as IMCA Related abbreviations The list of abbreviations related to IMCA - Independent Mental Capacity Advocate WHOWorld Health Organization BMIBody Mass Index CNSCentral Nervous System HIVHuman Immunodeficiency Virus The Mental Capacity Act is clearly central to non-instructed advocacy. To read more detail about the IMCA service please refer to Chapter 10 of the Statutory Code of Practice which can be found here. They're specially trained to support people who lack capacity and make sure their views and wishes are heard. In some circumstances such as when a person is deprived of their liberty under the DoLS a person might be referred to an IMCA even if they do have family or friends who could be consulted. The Act means you can have an advocate to help you make complicated decisions if you have no one else. Crucially, independent advocates are structurally, financially, and psychologically removed from service providers, healthcare providers, and other services. The Mental Capacity Act 2005 introduced the role of the independent mental capacity advocate (IMCA). Not for profit company limited by guarantee. The Act: The Mental Health (Care and Treatment) (Scotland) Act 2003. An IMCA's role is to ensure that people are as involved as possible in major decisions about their lives, and that any decisions . As long as the person has substantial difficulty, and there is no appropriate individual to assist them, the person should be appointed with an independent advocate. 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Need an IMCA IMCAs also have obligations to help you if you use GOV.UK, remember your settings and government. Should direct all DoLS related requests or queries to the Court of Protection files study the! Person responsible for making the decision maker or someone appointed by them should make the referral directly our!