what is an independent mental capacity advocate

Independent Mental Capacity Advocate (IMCA) The Mental Capacity Act 2005 introduced the role of the independent mental capacity advocate (IMCA). The degree and level restrictions may amount to a deprivation of liberty (DOL). 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. The role of an IMCA is part of the safeguards under the Mental Capacity Act. IMCAs do not make decisions and they are independent of the people who do make the decisions. Where can I find information about the Mental Capacity Act 2005? 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. 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. 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. 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. 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. 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. Making decisions: who decides when you cant? What do mental capacity and best interests mean? 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. When there is no family member, friend or appropriate person, known as the Relevant Person's Representative (RPR), to support the relevant person (RP) through this process, the Supervising Body (SB) will appoint a DoLS IMCA. Where can I find out more about the history of the Mental Capacity Act 2005 and the Court of Protection? What is the abbreviation for Independent Mental Capacity Advocate? '@SCIE_socialcare sector advice on best interest, mental capacity, DoLS etc are the best resource for these conundrums'. Crucially, independent advocates are structurally, financially, and psychologically removed from service providers, healthcare providers, and other services. An Independent Mental Capacity Advocate is also known as an IMCA. 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 average salary for an Independent Mental Capacity Advocate is $31,189 per year in York (United Kingdom). News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. They're specially trained to support people who lack capacity and make sure their views and wishes are heard. We use cookies to collect information, and enable our website to work properly. (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. Our IMCAs usually support individuals who do not have any family or friends that are able to represent them. Advocacy Focus are commissioned by Lancashire County Council to deliver an IMCA service across Lancashire. Having experienced Mental Capacity Advocate on your side makes all the difference to the outcome because you're better prepared . Charity No. We can then get in touch with the person making the decision to discuss the referral with them. For further details please refer to The Deprivation of Liberty Code of Practice can be found here. This factsheet sets out further information about IMCAs and the role they play. 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. 1092778 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. Nurse advisor. 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. If you find it hard to make decisions and you do not have any friends or family who can speak for you, it is your legal right to have an independent advocate who knows about the Mental Capacity Act. Independent Mental Capacity Advocates are known as 'IMCAs'. a secretary or member of nursing staff) should make the referral. 7. Dont worry we wont send you spam or share your email address with anyone. This means that, under the Mental Capacity Act, local authorities and NHS organisations must refer people who need an IMCA. 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. Saturday - Sunday : Closed. Click herefor more information on cookies, including how to remove them. 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. Gathering Information. 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 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. You can change your cookie settings at any time. The Act means you can have an advocate to help you make complicated decisions if you have no one else. 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). Independent mental capacity advocate (IMCA) services support people who cant make or understand decisions by stating their views and wishes or securing their rights. 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 . These are grouped below into four areas. 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. 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. 4 Independent Mental Capacity Advocate Salaries provided anonymously by employees. 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. The scheme will require the successful candidates to follow a Level 4 Independent advocacy course attending college virtually 2 days per month. The remaining time will be split between completing course work and practical case work initially working on Deprivation of Liberty cases. Advocacy for All celebrates their 25th Birthday!! What is an Independent Mental Capacity Advocate (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. 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. 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. Independent mental capacity advocate (IMCA). 6. 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. What does an Independent Mental Capacity Advcocate do? Meet and interview the person (in private if possible). The Office of the Public Guardian has published a leaflet about the IMCA service. 3. Consequently, the government introduced the Independent Mental Capacity Advocate (IMCA) scheme in s35-41 MCA. Mental capacity is the ability to make a decision. The Mental Capacity Act 2005 created a new service, the Independent Mental Capacity Advocate (IMCA) service. A decision needs to be made about either serious medical treatment or a long-term change in where the person lives. IMHAs aid individuals to understand their rights under the Mental Health Act (1983) and understand any medical treatment that is being considered. What do IMCAs do and who should get an IMCA? You can find out more about the IMCA role in the MCA and DoLS Codes of Practice. 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. Make a referral IMCAs are mainly instructed to represent people . If you decide not to accept cookies, our site may not work as expected and some information may not be available. 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. SCIE, Isosceles Head OfficeOne High StreetEgham TW20 9HJ, Social Care Institute for Excellence. 'Clear, informative and enjoyable. 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. There are lots of . POhWER advocates support people who have been deemed to lack mental capacity by a doctor or social worker. The Mental Capacity Act 2005 introduced the role of the IMCA. This preview shows page 9 - 12 out of 17 pages. What is Independent Mental Capacity Advocacy? They're specially trained to support people who lack capacity and make sure their views and wishes are heard. An IMCA can only be requested by the . These rights mean that IMHAs may: meet qualifying patients in private. The Duty Important to know Write a report for the person responsible for making the decision (usually a social worker or doctor). The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006 set out the IMCA's role and functions. care workers) to gather information, Decide whether to ask for a second opinion (for serious medical treatment decisions). 1136855, Welfare cases and the Court of Protection. 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. 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. 5. More specific details about what family and friends, doctors, social care staff and others need to know about IMCAs. An independent advocate may speak on behalf of people who are unable to do so for themselves. An Independent Mental Capacity Advocate (IMCA) must be instructed when: The person is aged 16 or over. What is an Independent Mental Capacity Advocate? It is accompanied by a Code of Practice and is based on common law and good practice. . Independent Mental Capacity Advocates who hold the City and Guilds Level 4 Independent Advocacy qualification for another pathway i.e. IMCAs can have a statutory role in adult protection cases that is detailed in this paper. Copyright Cloverleaf Advocacy Ltd. All rights reserved. It's a statutory service. 'Lacking capacity' means you are not able to make certain decisions. Independent Mental Capacity Advocacy represents and supports those in need. It includes information on who can be represented by IMCA, who and when an IMCA can be instructed, sharing and accessing information and resources. The Department of Health (DoH, 2005) states that an IMCA is statutory advocacy, independent of the hospital in which Joan has been detained. It puts the needs and wishes of the person at the centre of any decision making process. An Independent Mental Capacity Advocate (IMCA) is an advocate appointed to act on your behalf if you lack capacity to make certain decisions. All rights reserved. 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. It must be witnessed and dated. Independent Mental Capacity Advocates are known as IMCAs. The Mental Capacity Act 2005 introduced the role of the Independent Mental Capacity Advocate (IMCA). 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 Having mental capacity means being able to understand and retain information and then make a decision based on that information. 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. Its a statutory service. The Independent Mental Capacity Advocate 1. An Independent Mental Capacity Advocate (IMCA) helps people who lack capacity so that they can be involved in decisions that are being made on their behalf. When must an IMCA be instructed? What books do you recommend on the Mental Capacity Act and the Court of Protection? 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. Local authorities and NHS trusts will be required when making these decisions to appoint an Imca to represent the . To help us improve GOV.UK, wed like to know more about your visit today. 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. 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. It also shows how important the care worker's knowledge of Mr Robinson is for the best interests decision. 1. What salary does a Independent Mental Capacity Advocate earn in your area? 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. >Lacking mental capacity means people think someone is unable to make key decisions about their life. Method: There were 22 participants from three community teams within learning disabilities . Section 39c DoLS IMCA An Independent Mental Health Advocate (IMHA) is a specialist advocate. What are the deprivation of liberty safeguards? 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. It is a common misconception that a person must be deemed as lacking mental capacity in order to qualify for an independent advocate. Dont include personal or financial information like your National Insurance number or credit card details. What is an Independent Mental Capacity Advocate (IMCA)? Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. 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. 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. 4. 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. Under certain circumstances, a DoLS IMCA can be instructed to act in a number of different ways. 10. The Mental Capacity Act is clearly central to non-instructed advocacy. Someone who helps you or your loved ones in this way is called your advocate. There is a law called the 'Mental Capacity Act' and it protects people who can not make decisions about certain things for themselves. 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. Independent Mental Capacity Advocacy represents and supports those in need. When a person is deprived of their liberty, IMCAs also have obligations to help a person to understand and exercise their rights. 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. Other requirements (See our pages on the Mental Capacity Act 2005 for more information what 'lacking capacity' means.) Company Reg. The right to an IMHA was introduced in 2007 under amendments to the 1983 Mental Health Act. People who need decisions making for them about moving home, going into hospital, having treatment or being deprived of their liberty in order to receive the care they need might be eligible for an IMCA. If people cant tell their advocate what they want, its not a problem. It's a statutory service. 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. 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. Being unable to make decisions when it is needed is called 'lacking capacity'. 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. 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. To make a referral for an IMCA, please click here. An Independent Mental Capacity Advocate (IMCA) was used in 15 cases, a low figure considering the profile of victims (Stats Wales, 2017). If a person does not have family or friends appropriate to consult and lacks capacity, an IMCA can help. Examine relevant health and social care records. They will work to ensure that you are fully represented in the decision making process. 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. Independent Mental Capacity Advocate (Apprenticeship) Conwy and Denbighshire Mental Health Advocacy. Make the decisions carer or friends Speak on behalf of people who lack Capacity to make particular decisions themselves! Streetegham TW20 9HJ, social care institute for excellence click here to the. Which can be found here Liberty Safeguards and the role of the Mental Capacity Advocacy and! 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