An IMCA is an independent safeguard to support vulnerable people who lack the capacity to make an important decision and have no-one with whom it is appropriate to consult regarding the decision.

When does a person need an IMCA?

The Mental Capacity Act (2005) outlines a duty to instruct and consult an IMCA when making a decision for a person who lacks capacity regarding the following decisions:

  • Serious Medical Treatment
  • Long Term Accommodation moves

The Act also gives powers to instruct an IMCA in cases of:

  • Care Reviews
  • Safeguarding of Vulnerable Adults (regardless of whether family or friends are involved)

What will the IMCA do?

  • Where possible find out the person’s wishes, feelings, values and beliefs
  • Represent the person’s best interests
  • Independently support the person through the decision-making process
  • Safeguard the rights and entitlements of the person set out in the MCA, ensuring that the guiding principles and the best interest checklist are being followed
  • Where necessary, access copies of the person’s Health and Social Care records
  • Where appropriate, challenge the decision on behalf of a person
  • Where necessary, seek a second medical opinion
  • Submit a report on their findings

Our IMCAs work on a referral basis.

For more info about our IMCA service please contact us