Relevant Person’s Representative

Deprivation of Liberty Safeguards IMCA

What are DOLS?

DOLS were introduced by the Mental Capacity Act 2005 and came into effect in April 2009. They provide a legal framework and right to appeal for vulnerable people to ensure they are not deprived of their liberty unless it is in their best interests. They do not apply to anyone who is subject to the Mental Health Act except in rare circumstances. DOLS only apply within care homes and hospitals, to people who are 18 and over and who

lack capacity to agree to care or treatment, and
are suffering from a disorder of the mind, and
their carers believe it is in their best interests to deprive them of their liberty to protect them from harm.

If someone is going through the DOLS process and does not have someone who is appropriate to consult, under the Mental Capacity Act they have the legal right to an IMCA. There are three IMCA roles in the DOLS process:

1. IMCA DOLS Advocate (S39 A IMCA)

The IMCA DOLS has a very similar role to the original IMCA role. The advocate will;

make representations about a person’s wishes, feelings, beliefs and values in relation to the decision being made
enable the person to participate as fully as they can in the decision making process
obtain and evaluate the relevant information to the decision
ascertain any alternative courses of action that may be available
obtain a further medical opinion if necessary
bring all factors relevant to the decision to the attention of the decision maker(s)
challenge decisions if appropriate
produce a report commenting on the decision to be made and how the individual’s best interests can be promoted

The IMCA DOLS must be instructed by the supervisory body if the person subject to the DOLS has no-one who is appropriate to consult, namely family or significant friends. The S39A IMCA has additional rights and responsibilities to the original IMCA role. The S39A IMCA should be given the relevant paperwork concerning the case, for instance assessments from the supervisory body. They also have the right to apply to the Court of Protection for permission to take the person’s DOLS case to court.

2. Paid Representative Role and the S39C IMCA

If the DOLS are authorised, a representative must be appointed by the supervisory body to remain in contact with the person and represent them in all matters relating to the DOLS. There are two instances when an IMCA may be instructed:

If a representative cannot be identified, then a paid representative can be nominated. This can be an IMCA.

An IMCA can also be nominated if there is a gap while a representative is being replaced. This is called a S39C IMCA.

3. IMCA support for the person and their representative (S39 D IMCA)

The person who is subject to DOLS and / or their representative have the right to access an IMCA if they wish. The IMCA can provide information and support around the DOLS process and how to access a care review or the Court of Protection. This service is not available to a paid representative.