1st Floor Offices, 42 High Street, Mold, Flintshire CH7 1BH
01352 759332
advocacy@asnew.org.uk

IMCA – Independent Mental Capacity Advocacy

The Mental Capacity Act (2005) introduced the role of the IMCA

ASNEW, working in partnership across North Wales covers the Flintshire and Wrexham area providing a legal safeguard for individuals who lack the capacity, and who do not have family or friends to support them, to make specific important decisions, or who are deprived of liberty.

Our IMCAs must be instructed and involved to support an individual:

During asessment for a Deprivation of Liberty Safeguard (39A)
When an NHS body is proposing to provide, withhold or stop serious medical treatment
When care reviews for people in accommodation arranged by the local authority
During gaps in the appointment of a Relevant Person’s Representative (39C)
To undertake the role of Relevant Person’s Representative (39D)

and may also be instructed:

When reviews undertaken by the NHS for people receiving Continuing Healthcare
When care plan reviews take place for inpatients

The IMCA role is to support and represent the person in the following decision-making processes

Applying for a DoLS – 39A

An IMCA must be instructed and consulted when:
an application has been made for a DoLS

Serious Medical Treatment

An IMCA must be instructed and consulted when:
an NHS body is proposing to provide, withhold or stop serious medical treatment

Care Reviews

The Mental Health Act 2005 clearly places a duty on Health and Social Care professionals to instruct an IMCA during:
Care Reviews for people in accommodation arranged by the local authority
Reviews undertaken by the NHS for people receiving Continuing Healthcare
Care Plan reviews taking place for inpatients

Safeguarding

The regulations set out in the Mental Capacity Act 2005, specify that local authorities and the NHS have powers to instruct an IMCA during the adult safeguarding process; if the following requirements have been met:
Safeguarding measures are being put in place in relation to the protection of vulnerable adults from abuse*
a person who may have been abused*
a person who has been neglected*
a person who is alleged to be the abuser*
*where the person lacks capacity
When these criteria have been met, the NHS or local authority have a legal obligation to instruct an IMCA

Change of Accommodation

An IMCA must be instructed and consulted when:
an NHS body is proposing to place/move a person in hospital for longer than 28 days
an NHS body or local authority is proposing to arrange/change accommodation in a care home for more than 8 weeks

To make a referral please call 01352 759175

North Wales Partnership

If someone you want to refer meets the criteria for an IMCA but is outside of the Flintshire & Wrexham area, we work in partnership to provide the service across all of North Wales.

Conwy And Denbighshire Mental Health Advocacy Service

Phone: 01745 813999
E-Mail: admin@cadmhas.co.uk

www.CADMHAS.com

Mental Health Advocacy Scheme – Gwynedd and Ynys Mon (Anglesey)

Phone: 01248 354127
E-Mail: advocacy@mhas.co.uk

www.ADVOCACYSCHEME.co.uk