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Background to the IMCA service
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Last modified date:16 April 2007
The Mental Capacity Act 2005 provides a statutory framework for acting and making decisions on behalf of individuals who lack the mental capacity to do so for themselves. This may be because of a learning disability, an illness such as dementia or brain injury or mental health problems. It sets out who can take decisions, in which situations, and how they should go about this.
The Act specifies the principles that must be applied by everyone who is working with or caring for adults who lack capacity. It also provides options for those who may choose to plan and make provision for a future time when they may lack capacity.
During the debates on the Mental Capacity Act 2005 in the Pre-Legislative Scrutiny Committee and in both House of Parliament, it became clear that there was very great concern to provide extra support in the Act for the most vulnerable people.
In response the Government created provision for the Independent Mental Capacity Advocate (IMCA) service.
This important new safeguard will provide extra protection to the most vulnerable people who lack capacity - those with no family or friends to support them when serious decisions are taken in their lives.
About the IMCA service
The Mental Capacity Act creates a new service, the Independent Mental Capacity Advocate (IMCA) service.
Its purpose is to help vulnerable people who lack capacity who are facing important decisions made by the NHS and Local Authorities about serious medical treatment and changes of residence - for example, moving to a hospital or care home.
NHS bodies and Local Authorities will have a duty to consult the IMCA in decisions involvng people who have no family or friends.
Local authorities and NHS Trusts will be required, when making important decisions about serious medical treatment or change of accommodation for people who lack capacity, to appoint an IMCA to represent the individual if there is no-one else to support them. Regulations passed in the autumn 2006 extended the powers of local authorities and the NHS to instruct IMCAs in certain cases involving care reviews and adult protection cases. The IMCA's advice must be taken into account in the decision.
"...many vulnerable people will benefit from the safeguards that the Act will...bring. It will help support people who are unable to speak for themselves when they are faced with major decisions about their health and social care but have no family or friends to represent them."
Rosie Winterton, Minister of State, April 2006
Consultation on the IMCA service
During the passage of the Mental Capacity Act, Ministers committed to consulting with interested stakeholders on the operation and details of the IMCA service. A consultation ran between July and September 2005 in England.
Consultation on the service covered operational and implementation details, the role and functions of the IMCA, definitions of serious medical treatment and options on whether to extend the service to other groups and situations. The response to the consultation and the Government's response were published on 19 April 2006.
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