Template report for a 39D IMCA closing a case

39D IMCAs are required to provide a report to the supervisory body. This is a suggested template for a report where, after the IMCA has had contact with both the person and their representative:

• neither the person or their representative wishes to exercise their rights for appeal or access to the Court of Protection
• the 39D IMCA is not seeking a review or making an application to the Court of Protection.

Notification to the supervisory body of 39D IMCA case closure

Name of relevant person:

Date of 39D IMCA instruction:

Reason for 39D IMCA instruction (as identified on form 30):

• B4. A person deprived of their liberty who has an unpaid relevant person’s representative has requested the support of an advocate.
• B5. An unpaid relevant person’s representative of a person deprived of their liberty has requested the support of an advocate.
• B6. The supervisory body believes that the person deprived of their liberty will benefit from the support of an advocate.
• B7. The supervisory body believes that the unpaid relevant person’s representative will benefit from the support of an advocate.
• B8. The supervisory body believes that the person deprived of their liberty and their unpaid relevant person’s representative will both benefit from the support of an advocate.

IMCAs contact with the relevant person:

Relevant person’s understanding of the authorisation and their rights:

IMCAs contact with the relevant person’s representative:

Relevant person’s representative’s understanding of the authorisation and their rights:

Conclusion:

The IMCA found that neither the person or their representative appeared to wish to exercise their rights for appeal or access to the Court of Protection.

The IMCA is not seeking a review or making an application to the Court of Protection.

The IMCA recommends that the supervisory body makes a further 39D instruction in the following situations:

The IMCA would like to draw the supervisory body’s attention to the following issues regarding the person’s treatment or care:

Signed

Dated