Independent Mental Capacity Advocacy

Independent Mental Capacity Advocacy (IMCA)

What is an IMCA?

When individuals are unable to make certain important decisions for themselves due to a lack of mental capacity, the law provides a vital safeguard: Independent Mental Capacity Advocacy (IMCA). This service ensures that people who are most at risk and without close family or friends to represent them have a dedicated, independent voice in key decisions about their lives.

An Independent Mental Capacity Advocate (IMCA) is a trained professional appointed to support and represent people who:

  • Lack the capacity to make specific decisions (as defined by the Mental Capacity Act 2005 in England and Wales)

  • Have no appropriate family or friends to consult

  • Are facing decisions about serious medical treatment or changes in accommodation, such as moving into a care home or hospital for long-term care

The role of an IMCA is not to make decisions on behalf of the person but to ensure that their rights, wishes, and best interests are at the center of the decision-making process.

What IMCAs Do

An IMCA will:

  • Meet with the person to understand their views, preferences, and past experiences

  • Consult with professionals involved in the person’s care

  • Review relevant records and information

  • Write a formal report that must be considered by decision-makers (e.g., doctors, social workers)

  • Challenge decisions if necessary, including through formal appeals or complaints

 

When is an IMCA Required?

An IMCA must be involved in decisions regarding:

  • Serious medical treatment when the person lacks capacity and has no one appropriate to consult

  • Long-term accommodation moves in NHS or local authority care

Local authorities may also involve an IMCA in other decisions, such as care reviews or safeguarding processes, even if not legally required.

Who Can Refer for an IMCA?

Referrals for an Independent Mental Capacity Advocate (IMCA) must be made by health or social care professionals involved in the person's care. These are typically decision-makers who are responsible for making serious decisions about the person's treatment or accommodation when the person lacks the capacity to decide for themselves.

When Should a Referral Be Made?

A referral is required by law when:

  • The person lacks capacity to make a serious medical treatment decision or a long-term move (e.g. into a care home or hospital)

  • The person has no appropriate family or friends to consult

IMCAs may also be involved in other situations (such as adult safeguarding or care reviews) at the discretion of the local authority, even if the person has family or friends.

* Professionals can refer to our IMCA and RPR advocacy services by completing the appropriate form at: https://www.theadvocacypeople.org.uk/makeareferral
* Completed referrals from professionals can then be emailed to info@theadvocacypeople.org.uk
* If you wish to discuss your clients need prior to this stage please call 01752 773333 and select the option for 'IMCA'.

How to refer

All of these IMCA roles have to be instructed through the supervisory body (the local authority or PCT DOLS office). Anyone else who is aware that an IMCA is required should direct their concerns to the supervisory body DOLS office.

* Professionals can refer to our IMCA and RPR advocacy services by completing the appropriate form at: https://www.theadvocacypeople.org.uk/makeareferral
* Completed referrals from professionals can then be emailed to info@theadvocacypeople.org.uk
* If you wish to discuss your clients need prior to this stage please call 01752 773333 and select the option for 'IMCA'.

For Plymouth:

DoLs Office, Plymouth City Council, Windsor House, Tavistock Road, Plymouth, PL6 5UF

Tel: 01752 308889