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We all face many decisions every day. Some decisions are harder to make than others, and sometimes we could all benefit from having somebody to help us to understand the outcomes and impacts of those decisions before we have to make them.
Some people are assessed as lacking the capacity to make decisions for themselves. The Independent Mental Capacity Advocacy Service (IMCA) is a service provided under the Mental Capacity Act (2005) which aims to support those people.
Whenever the term ‘a person who lacks capacity’ is used, it means a person who is without the ability to make a particular decision at the time it needs to be made due to a disturbance or impairment of the mind or brain. This may be because they have a mental health diagnosis, or cognitive condition, is unconscious or barely conscious, perhaps as a result of an accident, or use/misuse of drugs or alcohol.
A person’s capacity may vary over time or may depend on the type of decision that needs to be made.
Some people may always lack capacity to make some decisions, for example, due to a condition or severe learning disability that has perhaps affected them from birth. Some such people may, however, go on to learn new skills that enable them to gain capacity and make decisions and take actions for themselves as their lives progress.
The role of an IMCA is to:
People who are defined by medical professionals as “lacking capacity”.
A person who is “deprived of liberty”.
Referrals can be accepted from any party, but we can only take formal instructions from the decision-maker in question.
When a person lacks the capacity to make decisions about the care or treatment they are having or need, it is sometimes in their best interests to take away their freedom to decide. This is known as depriving them of their liberty. The aim of this process is to prevent that person from coming to harm in any way, and is never done without good reason. That person will still always have their rights, however, and an IMCA will help that person promote and protect those rights.
Patricia* is an elderly lady diagnosed with Dementia and learning difficulties. She also suffers with Sigmoid Volvulus, a condition causing abdominal pain, constipation and expanding and swelling of the stomach. Urgent surgical treatment (a colostomy) was required to provide an alternative channel for bodily functions, this would require a stoma bag being fitted which is external to the body. Patricia underwent a Capacity Assessment around the decision and was deemed to lack capacity. Consultants were concerned that Patricia may be confused with having a bag attached to her body and could pull at the tubes causing internal bleeding and infection.
To refer, please complete a referral form.
If you are unsure whether a referral is appropriate, please contact us on: 0300 323 0965
View our Easy Read version of Independent Mental Capacity Advocacy by clicking here
Make a referral