Independent Mental Capacity Advocacy Service

What is an IMC Advocate?

An Independent Mental Capacity Advocate is someone instructed by local authorities and NHS Trusts (e.g. social workers and doctors) to support and represent a person who lacks capacity to make certain serious decisions (link), when they have no one else to speak for them, such as family and friends. They are approved by the Local Authority to undertake their role which is to:

• Support a person who lacks capacity
• Obtain and evaluate relevant information on behalf of the person
• Ascertain as far as possible the person’s wishes and feelings
• Ascertain alternative courses of action
• Obtain a further medical opinion, where necessary
• Bring to the attention of the decision-maker all factors relevant to the decision
• Challenge the decision-maker, where appropriate

An IMCA has the same rights to challenge a decision as any other person caring for the person or interested in his or her welfare. The right of challenge applies both to decisions about lack of capacity and a person’s best interests.