SCIE Guide on practice guidance on the involvement of Independent Mental Capacity Advocates (IMCAs) in safeguarding adults

This guide aims to support the work of local authority and NHS staff who may need to instruct and work with IMCAs in relation to accommodation decisions and care reviews.

This practice guidance describes the role of Independent Mental Capacity Advocates (IMCAs) and paid representatives in the Mental Capacity Act Deprivation of Liberty Safeguards (MCA DOLS).

This guidance covers the key principle of the Mental Capacity Act, assessing capacity and inability to consent, best interests decision making for patients, independent mental capacity advocacy, and deprivation of liberty safeguards.

A brief presentation outlining the key aspects of the MCA, covering the principles of the Act, DoLS, best interests decisions, and independent mental capacity advocacy.

This guidance is intended to provide support in carrying out and recording formal capacity assessments and is not intended as a substitute for the Code of Practice. The documents covers: recording mental capacity assessment activity; principles of the mental capacity act 2005; when to assess capacity and who should carry out the assessment; assessments as part of needs or risk assessments and day to day decisions; capacity to agree to social care decisions; identifying the decision maker; advance statements and preferred place of care statements; capacity assessments; best interests decisions; independent mental capacity advocates; unwise decisions, duty of care, the role of the Court of Protection and inherent jurisdiction; and the role of the Court of Protection.

This policy has arisen from the implementation of the MCA 2005 and seeks to give advice and guidance on how and when an assessment of mental capacity should be carried out. It draws a distinction between routine/ongoing assessments of capacity, which is a part of everyday care, and more exceptional occasions, when a formal assessment is necessary. In the latter case a formal, documented assessment is now required by the Trust in defined instances.

A case study focusing on a patient for whom an inadequate capacity assessment was carried out. Following IMCA intervention, it was discovered that lack of capacity had been assumed and the IMCA set about undertaking an accurate capacity assessment. The patient, however, passed away before this could be completed. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, and aims to show how IMCAs can act as a powerful support to people who may lack capacity.

This training presentation introduces participants to the key messages of the Mental Capacity Act 2005 and explores the implications for different service areas. The document: lists the five guiding principles; explains what it means to lack capacity; explains who the decision maker is; describes the role of an IMCA and how to contact them; examines the offences of ill treatment and wilful neglect; provides a brief overview of the roles of the Court of Protection, Deputies and Lasting Power of Attorney.

A case study focusing on the tender process for new provider of Mr J’s supported living accommodation and the role played by the IMCA in ensuring the selection of the provider from the shortlist was done by the families of the residents with support from the Council’s commissioning unit. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, to show how IMCAs can act as a powerful support to people who may lack capacity.

A guide for health and social care staff on how, and in which situations, a person can be referred to the Independent Mental Capacity Advocacy service.

A case study focusing on a care home resident needing improvements to their accommodation, explaining how after intervention by an IMCA the decision was made to go ahead with the repair work. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, and shows how IMCAs can act as a powerful support to people who may lack capacity.