What is an IMCA?
An Independent Mental Capacity Advocate (IMCA) is your designated support if you're unable to make specific decisions due to a lack of mental capacity. For more on what 'lacking capacity' entails, check out our Mental Capacity Act 2005 guide.
In England, local authorities appoint IMCAs, while in Wales, local Health Boards or NHS bodies take on this role.
When Do I Qualify for an IMCA?
You're eligible for an IMCA if:
- You're 16 or older and can't make certain decisions on your own, and you don't have a close family member or carer to assist you.
- No one can represent your views, and an NHS body or local authority is considering changes to your accommodation or if abuse allegations arise.
Exceptions include
If you've already designated someone like an attorney, or if you're detained under the Mental Health Act 1983. In the latter case, you may be eligible for an IMHA.
How Can an IMCA Assist Me?
An IMCA is there to :
- Support you when facing serious medical treatments.
- Assist you if you're being considered for long-term accommodation.
- Help challenge authorisations that deprive you of your liberty.
What Can My IMCA Do?
Your IMCA can :
- Visit you privately in your care setting.
- Gather crucial information about your situation.
- Consult with healthcare professionals, with your consent.
- Help you understand your options and make decisions.
- Write a report outlining their findings and recommendations.
How Do I Access an IMCA?
You can request an IMCA through :
- Ward staff
- Your responsible clinician
- Approved mental health professionals (AMHP)
Can Others Request an IMCA for Me?
Yes, your nearest relative, an AMHP, or your responsible clinician can request an IMCA for you. However, the final decision to engage with an IMCA is yours.
What Legal Rights Do You Have to an Advocate?
You may have a legal right to an advocate in specific circumstances, known as 'statutory advocacy'.
In England and Wales, there are three main types of statutory advocates :
- Independent Mental Health Advocates (IMHAs): These advocates are trained to assist individuals under the Mental Health Act 1983 . The regulations differ between England and Wales. Learn More About IMHAS
- Social Care Advocates: These advocates operate under the Care Act 2014 in England and the Social Services and Wellbeing Act in Wales. Learn More About Social Care Advocates
- Independent Mental Capacity Advocate (IMCA): IMCAs are appointed to support people who lack the mental capacity to make specific important decisions, such as serious medical treatment or changes in living arrangements, particularly when there are no other family members or friends suitable to represent their interests. This advocacy is mandated under the Mental Capacity Act 2005. Learn More About IMCAS