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:

The Deprivation of Liberty Safeguards Code of Practice sets out the action that should be taken in such situations. For example:

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.