Mental Capacity Advocacy

You have a right to independent advocacy under the Mental Capacity Act 2005.

If you, or someone you know, is assessed as ‘lacking capacity’ to make a particular decision, you may be able to get an advocate who can support and represent you.


Independent Mental Capacity Advocacy was introduced as part of the Mental Capacity Act 2005. This gives people who have an impairment, injury or a disability which results in them being unable to make a specific decision for themselves, the right to receive independent support and representation.

Lincolnshire County Council, or your NHS decision maker MUST refer you if you have no ‘appropriate’ family and friends who can be consulted and you have been assessed as lacking the capacity to make a decision about:

  • any serious medical treatments
  • a move to a hospital that would be for more than 28 days
  • a move to a care home that would be for more than 8 weeks
  • your safety or care which is likely to result in you being deprived of your liberty
  • In addition, your local council, or the NHS decision maker MAY refer you if you lack capacity to make a decision about either:
    • A Care review (if you have no ‘appropriate’ family and friends)
    • A Safeguarding referral (whether you are the victim or alleged perpetrator, regardless of whether you have family and friends)

The Role of an Independent Mental Capacity Advocate

An IMCA is there to:

  • Find out about your views, wishes and feelings about the decision. This can be by talking to you and the people you are close to and it may involve talking to professionals who care for you.
  • Communicate your views, wishes and feelings to decision makers.
  • Provide information to you and to the decision makers to help work out what is in your best interests.

 

IMCAs will check whether decision makers are:

  • applying the principles of the Mental Capacity Act;
  • acting in the person’s best interest;
  • choosing the least restrictive option for the person.

 

An IMCA can challenge decisions made by the decision maker, including the capacity assessment itself.

IMCAs will be allowed to meet with you in private and can ask to see all relevant health, social services and care home records.

All VoiceAbility IMCAs have specialist skills in working with people who are unable to communicate or find it very hard to express themselves. IMCAs also have specialist knowledge of Mental Capacity Act and other interrelated laws, codes and practices.


Contact us

Referrals to the IMCA service need to come via a professional, but if you want to understand more about the IMCA service or get advise on who can be referred, please do contact us.

IMCA – leaflet
IMCA – poster

Further information and Self Help Tools