The role of the independent mental capacity advocate in adult protection

Abstract

The Mental Capacity Act 2005 introduced the role of the independent mental capacity advocate (IMCA). This is essentially a new safeguard for adults when they lack the capacity to make critical health and welfare decisions, particularly those without family or friends to represent them. IMCAs can have a statutory role in adult protection cases that is detailed in this paper. Advocacy Partners (AP) was one of seven organisations piloting this service in England before the service was introduced nationally in April 2007. AP is now commissioned to provide the IMCA service in 10 local authorities in the South East. Of the 270 cases referred to Advocacy Partners that have met the criteria for an IMCA since the Act was implemented, 38 were referred as part of adult protection proceedings. This early experience of IMCA involvement in adult protection cases is discussed.

Renegotiating power in adult safeguarding: the role of advocacy

“…Case advocates can also be involved on a short term basis to support the person through the process. General, or case, advocates may also be more readily accessible due to more open referral systems and may work more holistically than IMCAs as a result of the wider scope of their role (Gorczynska and Thompson, 2007). There is limited research which considers the roles of these types of advocacy within adult safeguarding, despite the benefits that advocacy may bring to those who have capacity, as well as those who lack capacity.…”

Capacity to Communicate: Sense's three‐year project training independent mental capacity advocates in communication skills

“…In a previous article in The Journal of Adult Protection (Gorczynska & Thompson, 2007), advocacy partners described how the role and function of an IMCA are less clear in adult protection cases where situations are often more complex than just one area or A 37-year-old woman with mild learning disabilities and bipolar disorder was referred to the IMCA service. The place where she lived was unable to meet her increasing needs and the decision concerned the change of her accommodation.…”

Combating elder abuse: the role of guardians for older people in residential care

“…In comparison with appointment of independent mental capacity advocates (IMCAs), three key differences would stand out: guardians would have an avowedly protective function; they would not be accountable to an appointing authority, only to the ward; guardians would Combating elder abuse: the role of guardians for older people in residential care have an explicitly decision-making role on the resident ward' s behalf. IMCAs, on the other hand, are compromised by being accountable to an appointing authority -they are not agents, fiduciaries or quasi-guardians -they are 'independent of the decision maker, not decision-makers' (10.4, MCA Code of Practice; Gorczynska & Thompson, 2007) and are literally 'powerless' other than through personal influence, though one should never discount the value of this.…”