Independent Mental
Capacity Advocacy
Services

What is Independent Mental Capacity Advocacy?

The Mental Capacity Act 2005 introduced the role of the Independent Mental Capacity Advocate (IMCA). IMCAs are a legal safeguard for people who lack the capacity to make specific important decisions: including making decisions about where they live and about serious medical treatment options.

My advocate is very experienced and clear about her role, she works professionally is flexible, willing and always puts my needs first.

Wigan Family Welfare
2020-04-28T16:48:36+00:00
My advocate is very experienced and clear about her role, she works professionally is flexible, willing and always puts my needs first.

My advocate was concerned to support me to do as much for myself as possible, she explained the process in a way I could understand, developed a strategy and plan.

Wigan Family Welfare
2020-04-28T16:48:58+00:00
My advocate was concerned to support me to do as much for myself as possible, she explained the process in a way I could understand, developed a strategy and plan.
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Wigan Family Welfare

FAQ

If there is anything else you would like to know about our services you can either fill in our enquiry form or call us on 01942 867 888.

IMCAs find out as much as possible about the views and beliefs of the person referred to them. They have the right to meet the person privately and to see their health and care records. An IMCA considers all relevant information about the person then writes a report to help decision-makers reach decisions which are in the best interests of the person. Sometimes they might look at options which were not suggested by the professional or ask for a second medical opinion. IMCAs will check whether decision makers are:

    • Applying the principles of the Mental Capacity Act
    • Acting in the person’s best interest
    • Considering the least restrictive option for the person
    • An IMCA has the right to challenge any decision made

Under the Mental Capacity Act 2005, decision-makers in Locals Authorities & NHS Trusts (e.g. social workers, doctors) have a duty to consult with an IMCA for anyone over 16 who lacks capacity, whether temporary or permanent, with regard to the decision being made (e.g. people with dementia, acquired brain injury, learning disability, mental health needs and more) and/or have no appropriate family or friends to represent them.

The IMCA service has a statutory duty to accept referrals when the qualifying criteria is met from the following people:

    • Social Care professionals for long term accommodation decisions
    • Health Professionals
    • Or a person delegated from either of the above

CASE STUDY

All names and key details have been changed, to protect the client’s right to confidentiality.
Photographs shown are also not representative of the actual person.

Case Study

John was a 75 year old gentleman who was diagnosed with dementia, he lived at home with his wife and they had been married for over 50 years. He was placed in 24 hour care as his wife was finding the condition hard to accept and was struggling to care for him. An IMCA was instructed as an independent person to gain John’s wishes and feelings. The IMCA quickly realised that he was extremely unhappy and distressed about being away from his home and his wife.

How our IMCA Advocate helped

The IMCA challenged the decision on the grounds that John’s wife needed support to care for him and desperately wanted him home. John was returned home with a package of care and lived for another year. The involvement of the IMCA resulted in him spending the last year of his life in his own home with the person he loved.

GET IN TOUCH

You can contact us using one of the methods below.
Our offices are open daily (Monday to Friday) between the hours of 9am and 5pm (excluding bank holidays).

General Enquiries

If you would like to speak to someone about a service, please contact our admin team on 01942 867888 or email admin@wiganfamilywelfare.co.uk

Referral Form

To make a referral simply click the button below. Please make sure you have read our GDPR policy before submitting the form.