IMCA involvement in accommodation decisions and care reviews

Exclusions for people subject to the Mental Health Act 1983

An IMCA does not need to be instructed for an accommodation decision if the person is being required to stay in the accommodation under the Mental Health Act (MHA) 1983. This includes detention in hospital under Section 2 (assessment) or Section 3 (treatment). It also includes guardianship orders which specify where a person should live.

An IMCA may be required to represent a person when they are discharged from hospital. This includes when the accommodation is made under Section 117 (aftercare arrangements), if there is no requirement for the person to live in the proposed accommodation – i.e. the person, if they had capacity, would be able to exercise a choice.

An IMCA should be instructed if it is proposed that a person will remain in hospital for more than 28 days as an informal patient, including after being discharged from a section of the MHA 1983.