Who should be referred to an IMCA?

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	What is the IMCA Service?

	What is an IMC Advocate?

	Who should be referred to an IMC Advocate?

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Independent Mental Capacity Advocacy Service

Who should be referred to an IMC Advocate?

In cases where a person who lacks capacity does not have friends or relatives who it is appropriate to consult, decision-makers in local authorities and NHS Trusts (e.g. social workers and doctors) will have a duty to consult an IMCA in the following situations:

From an NHS body in respect of serious medical treatment
From an NHS body in respect of a proposal to place the person in a hospital for a period likely to exceed 28 days or in a care home for a period likely to exceed 8 weeks.
From an NHS body in respect of a proposal to move the person to another hospital for a period likely to exceed 28 days or to another care home for a period likely to exceed 8 weeks.
From Cheshire County Council where following an assessment under the NHS & Community Care Act 1990, it is proposed to place the person in a care home for a period likely to exceed 8 weeks ,or to move the person from one care home to another, if the period is likely to exceed 8 weeks.

The Mental Capacity Act 2005 Regulations also allow for an IMCA to be instructed in certain cases of accommodation review and adult protection. Commissioners in Cheshire have agreed to extend the powers of the IMCA to these two categories of advocacy service.

Care Reviews, but only where:

The Local Authority or the NHS body have arranged the original accommodation
The person lacks capacity
There is no other person to consult
The Local Authority or NHS body is satisfied that it is of particular benefit to the person for an IMCA to be appointed

Adult Protection, but only where:

A person has been abused, neglected or is accused of being the abuser
The person lacks capacity
Protective measures are being put in place in relation to the protection of the person
The Local Authority or NHS body is satisfied that it is of particular benefit to the person for an IMCA to be provided

There is no requirement under this provision for the person to have no family or friends.