Category Archives: MentalCapacity Advocates.

What is Independent Mental Capacity Advocacy?

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What is Independent Mental Capacity Advocacy?

A day in the life of an IMCA. (Independent Mental Capacity Advocate.)

Ever since I was a child I have awoken at around 5am. I get up with my little dog Alf, we have a cuppa and watch Jeremy Kyle. After my bath, Alfie and I have breakfast, go for a walk and then I drive to the top of my road, to work.

I work for Solihull Action through Advocacy as an Independent Mental Capacity Advocate or an IMCA for short. In the UK, IMCA`s have provided a statutory service since a court ruling in 2014 which has become known as The Cheshire West Case. The legislation arose because of an appeal relating to an individual`s liberty (Mr. P) who since 2009 had been cared for in a supported living situation. He received 24/7 one to one care to manage his idiosyncratic behaviours. He was learning disabled, never on his own and was not free to come and go.

The Court of Appeal stated that this was not a deprivation of liberty, but the judge, Baroness Hale did not agree. She said,

“If it would be a deprivation of my liberty to be obliged to live in a particular place, subject to constant monitoring and control, only allowed out with close supervision, and unable to move away without permission even if such an opportunity became available, then it must also be a deprivation of the liberty of a disabled person. The fact that my living arrangements are comfortable, and indeed make my life as enjoyable as it could possibly be, should make no difference. A gilded cage is still a cage.”

If a person is deprived of their liberty in the UK and requires an IMCA then the referral is called a DoLS or a Deprivation of Liberty Safeguarding.

There are many thousands of people across the UK in situations similar to Mr. P`s. They may have a learning disability, dementia, a brain injury or something else that affects their capacity. All of these people now have a statutory right to their own IMCA to represent them, give them a voice and, if they have no relatives or friends able to do so, make best interest recommendations on their behalf.

IMCA is a very challenging and responsible role. We are called in to safeguard extremely vulnerable individuals who do not have the capacity to make their own decisions, so we take it very seriously. A typical referral would be to visit someone either in hospital. or in a care home and talk to them, to the people around them, their friends and family and find out what they would want to happen if they were able to say. Sometimes the decisions are around accommodation, medical matters, money or care plans and reviews.

We write a report and in all cases of IMCA DoLS,  the report goes to someone called the Decision Maker, who authorises the DoLS and makes everything legal. We have to remain informed and up to date with the law so that we can confidently assist families when they are making tough decisions on behalf of their loved ones.

I absolutely love my job, it brings me huge satisfaction to know that I can help as far as possible to ensure that very vulnerable people are safe, happy, cared for and not being ripped off by any unscrupulous individuals, including sometimes I am sad to say, members of their own family.

If you would like to know more about IMCA, then please contact me on:

helen@solihulladvocacy.org.uk

or: 0121 706 4696