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Independent Mental Capacity Advocacy Service (IMCA)

What is IMCA?

The Mental Capacity Act (MCA) 2005 comes into force in 2007 and introduces the new statutory role of the Independent Mental Capacity Advocate (IMCA) to support people who lack capacity to make certain decisions.

From April 2nd 2007, Local Authorities and NHS bodies will have a duty to instruct an IMCA to support an individual if they meet the criteria as laid out in the Act.

An IMCA must be instructed where:

  • There is a decision to be made regarding either serious medical treatment (SMT) or change of accommodation.
    AND
  • The person has no close family or friends to represent their views
    AND
  • The person has been deemed by the Decision Maker not to have capacity to make that decision in accordance with the assessment of capacity as defined in the Act


This can include:

  • People with dementia or mental ill health 
  • People with learning disabilities 
  • People with physical disabilities 
  • People who have had a stroke 
  • People with acquired brain injuries
  • People who are unconscious or in a coma

 

Extension of the IMCA role

As well as the main duties for an IMCA as outlined above, IMCAs may also be instructed in relation to Safeguarding Vulnerable Adults procedures and Care Reviews

Each Local Authority will define criteria for when to refer to the IMCA service in these situations. Please refer to the relevent section of this website for further information.

IMCA services by contract area

Please select the relevant link below for further details about POhWER's IMCA service in your area, and to download referral forms and supporting documents.

Waltham Forest

London Borough of Hackney

Hertfordshire

Luton and Bedfordshire

Leicestershire, Leicester City & Rutland

Warwickshire, Coventry & Solihull

Sandwell, Walsall & Wolverhampton

Telford & Wrekin and Shropshire

Herefordshire & Worcestershire