Practice guidance on the involvement of Independent Mental Capacity Advocates (IMCAs) in safeguarding adults
When the IMCAwill stop working with the person
It is recommended that to protect the independence of the IMCAservice, decisions about when the IMCAstops representing a person at risk are ultimately made by the IMCAservice.
Generally, IMCAs will stop representing a person at risk when they are satisfied that decisions about protective measures comply with the MCA. This is likely to be after the safeguarding planning meeting. On occasion it may require the IMCAstaying involved until, and attending, the first review of the safeguarding plan.
Before ending work with an individual, the IMCAmust submit an IMCAreport which should address compliance with the MCA.
Good practice is for the IMCAto formally write to the safeguarding manager (and the instructor if different) advising them that they have ended work with the person at risk.
The IMCAmay make recommendations about other advocacy support – possibly suggesting that an IMCAis instructed for a future review of the safeguarding plan.
If the instructing body feels that an IMCAis no longer required, this should be discussed with the IMCA. An example would be if the person at risk has been reassessed as having capacity regarding the protective measures. Where an instruction is formally withdrawn the statutory IMCArole ends. In exceptional cases the IMCAservice may have unresolved concerns about the decision-making process. In such circumstances the IMCAservice may pursue informal or formal challenges, including complaints and application to the Court of Protection. If any further action is taken after an instruction is withdrawn, IMCAs need to recognise that they no longer have, for example, the right to meet the person or access relevant records.
Good practice points
The decision about when to stop representing a person at risk, once instructed, should be made by the IMCAand not the instructing body.
The IMCAmust for every person at risk submit an IMCA report and notify the safeguarding manager (and instructing body if different) in writing when they end their work.
The IMCAshould consider making recommendations about other advocacy support, including the option of an IMCAbeing instructed for a future safeguarding plan review.
If instruction is withdrawn the statutory IMCArole ends. This does not preclude the possibility of the IMCAservice challenging the decision-making process.
