IMCA and paid relevant person's representative roles in the Mental Capacity Act Deprivation of Liberty Safeguards
Overview of the IMCA roles in the DOLS
There are a number of different IMCA roles involved in supporting and representing people who may be subject to the Deprivation of Liberty Safeguards. These are set out in Section 39 of the amended Mental Capacity Act 2005 (MCA). It is important to be clear which role an IMCA is taking, as they are instructed for different reasons and have different rights and responsibilities.
Briefly the roles are:
- Section 39A IMCAs are instructed when there is an assessment in response to a request for a standard authorisation, or a concern about a potentially unauthorised deprivation of liberty.
- Section 39C IMCAs cover the role of the relevant person’s representative when there is a gap between appointments.
- Section 39D IMCAs support the person, or their relevant person’s representative, when a standard authorisation is in place.
In this publication these IMCA roles are shortened to 39A IMCAs, 39C IMCAs and 39D IMCAs.
Supervisory bodies are responsible for making all these instructions. When they use standard form 30 (the IMCA referral form) they have to indicate which type of IMCA instruction it is (boxes B1–B8).