Independent Mental Capacity Advocates Joint Policy & Procedures (April 2007, revised March 2013)

The Mental Capacity Act (MCA) 2005 Act created the Independent Mental Capacity Advocate (IMCA) service, and the legal duty to instruct the IMCA service in certain situations.

Gloucestershire statutory agencies will meet this duty by instructing the IMCA service to act in relation to specific decisions, and in relation to people who lack capacity to make those decisions. The decisions identified in the Act are:

  • serious medical treatment and
  • a move to, or a change in, long term accommodation.

The statutory agencies will also consider the need to instruct an IMCA in safeguarding adults (adult protection) situations and care reviews. With the introduction of the Deprivation of Liberty Safeguards (DoLS) in April 2009 there is also a requirement to appoint IMCAs in certain circumstances which will be met by the DoLS Supervisory Board (GCC & NHSG).

This policy explains the circumstances in which an Independent Mental Capacity Advocate must or may be provided, the process for appointing one, and the responsibilities of the service provider, the advocates and the staff of the statutory agencies.

Download the policies


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