IMCA and paid relevant person's representative roles in the Mental Capacity Act Deprivation of Liberty Safeguards
Reviews of the authorisation
The paid representative and 39C IMCA have the same powers as the person to require the supervisory body to review an authorisation. Managing authorities also have this power (using form 19). Reviews can also take place if the supervisory body feels it is appropriate. This could happen if requested to do so by any other person which could include a 39D IMCA.
When the supervisory body is arranging a review they are required to tell the person, their representative and the managing authority about the review (form 20).
Any paid representative, 39A, 39C or 39D involved when there is a review may:
- suggest which review assessments (if any) should be undertaken
- make representations to the supervisory body about whether a full best interests reassessment is necessary, or whether concerns can be dealt with by changing the conditions
- make representations to assessors undertaking a review assessment. Assessors must pay attention to these representations
- make representations to the supervisory body about possible changes to the conditions.
Where a review is undertaken it is good practice for any IMCA or paid representative involved to provide written reports to:
- the best interests assessor if they undertake a best interests assessment
- the supervisory body before the review is completed.
The supervisory body is required to inform the person, their representative, the managing authority, and any 39D IMCA involved about the outcome of the review (form 22).