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• When would an IMCA be needed?

When would an IMCA be needed?

A referral to an IMCA would need to take place at different stages, dependent on the particular situation.

We have a dedicated referral line, which is manned by our IMCA Co-ordinator during office hours. They will be able to give you advice as to whether an IMCA is appropriate for your situation. They can also give you advice about alternatives that might be relevant to you.

Some of the circumstances which would mean an IMCA was needed would be:

• Where decision is being made and actions need to take place quickly in order to safeguard the individual.
• Where an investigation has already taken place and a case conference is being held to decide upon a safeguarding plan.

Generally speaking, the earlier on in the process that an IMCA is involved the better. Our IMCAs are completely independent, so it is important for each individual to have our representation as early as possible so that decisions do not take place against their wishes.

After the IMCA has become involved, it is recommended that the IMCA attend all adult safeguarding meetings.

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When would an IMCA NOT be needed?

IMCAs do not need to be instructed if:

• A person who now lacks capacity previously named a person that should be consulted about decisions that affect them, and that person is available and willing to help
• The person who lacks capacity has appointed an attorney, either under a Lasting Power of Attorney or an Enduring Power of Attorney, and the attorney continues to manage the person’s affairs
• The Court of Protection has appointed a deputy, who continues to act on the person’s behalf.

However, where a person has no family or friends to represent them, but does have an attorney or deputy who has been appointed solely to deal with their property and affairs, they should not be denied access to an IMCA.

The Government is seeking to amend the Act, at the earliest opportunity, to make it clear that, in such circumstances, an IMCA should always be appointed to represent the person’s views when they lack the capacity to make decisions relating to serious medical treatment or long-term accommodation moves.

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When would an IMCA stop working with the person?

As part of the IMCA process, our advocates will write a report on the case, which will be given to the safeguarding manager

If the IMCA is happy that decisions that have been already been made, or are likely to be made, are in line with the Mental Capacity Act, then they will stop representing a person.

This is likely to be after the safeguarding planning meeting, and possibly after the first review of that plan.

After work has finished on an individuals case, IMCAs no longer have the right to access private records, or to meet with the person.