IMCA involvement in accommodation decisions and care reviews
If a person could be deprived of their liberty
One of the safeguards IMCAs can provide is to be alert to the possibility of people being deprived of their liberty without the appropriate legal authority. The following situations may arise:
- involvement in a care review where restrictions in the service may amount to a deprivation of liberty
- involvement in an accommodation decision where moving the person may deprive them of their liberty.
The Deprivation of Liberty Safeguards Code of Practice sets out the action that should be taken in such situations. For example:
- alerting the managing authority which should change the care plan or make an application for an authorisation
- alerting the supervisory body to a potentially unlawful deprivation of liberty
- taking the matter to the Court of Protection.
Both IMCAs and decision-makers have a responsibility to respond to any potentially unlawful deprivation of liberty. If contact with either the managing authority or supervisory body proves unsatisfactory in resolving the concerns, an application to apply to the Court of Protection should be made by either the IMCA or the decision-maker. This includes when the deprivation of liberty may be taking place outside a care home or hospital where these specific legal safeguards do not apply.