IMCA and paid relevant person's representative roles in the Mental Capacity Act Deprivation of Liberty Safeguards
When an authorisation ends
Early end to an authorisation Open
Deprivation of liberty can be ended at any time before the end date set in the authorisation. This should happen if the care home or hospital believes the deprivation of liberty is no longer necessary. In that case the managing authority should apply to the supervisory body to review the authorisation (form 19). The requirements for this review are the same as other reviews (see IMCAs' and paid representatives' roles in reviews of the authorisation). This includes the requirements for alerting paid representatives and IMCAs and listening to their views.
Concerns when an authorisation ends Open
An IMCA or paid representative may have concerns about the person’s treatment and care when an authorisation ends. These may be:
- the person is still being deprived of their liberty
- the person’s treatment and care does not reflect their best interests.
Both IMCAs and paid representatives will want to address such concerns. It is possible for paid representatives and 39C IMCAs to use their right of access to the Court of Protection if they apply before the original authorisation ends.
Once the authorisation has ended all the powers of 39C and 39D IMCAs end. A paid representative, 39C or 39D IMCA who wishes to take action has the options that are available to non-statutory advocates. They could, for example, support an application to the Court of Protection, or refer the concerns to another advocate.
The section on IMCA role if authorisation not granted describes the formal action which any advocate can take in these circumstances.