Independent Mental Capacity Advocacy (IMCA)

What is an IMCA?

IMCA stands for Independent Mental Capacity Advocate.

IMCA is a type of advocacy introduced by the Mental Capacity Act 2005 (“the Act”). The Act gives some people who lack capacity a right to receive support from an IMCA in relation to important decisions about their care.

IMCA services are provided by organisations that are independent from the NHS and local authorities.

Independent Mental Capacity Advocate (IMCA) Services

An IMCA’s role is to:

Represent and support the person in relation to their “best interests”.
Find out the views / feelings / beliefs of the person.
Make sure that the person can participate in the decision-making process.
Obtain & evaluate information
Look at other courses of action
Consider seeking a further medical opinion if necessary.
Check the Mental Capacity Act principles and best interests process are being followed
Prepare a report, which the decision maker has a legal duty to consider
Challenge the decision (including about capacity) if necessary, informally first and through Court of Protection as a last resort

Our IMCAs do not make decisions on behalf of the person they are representing. This is the responsibility of the ‘best interests decision maker’ such as the healthcare professional responsible for the procedure or treatment in question.

Our IMCAs have to have certain skills to make them effective, including: