The role of the independent mental capacity advocate in adult protection
| Pages | 38-45 |
| Published date | 01 November 2007 |
| DOI | https://doi.org/10.1108/14668203200700027 |
| Date | 01 November 2007 |
| Author | Teresa Gorczynska,David Thompson |
| Subject Matter | Health & social care,Sociology |
38 © Pavilion Journals (Brighton) Limited The Journal of Adult Protection Volume 9 Issue 4 • November 2007
Introduction
The Mental Capacity Act (2005) provides a legal framework
for decision-making when individuals are unable to make
some of their own decisions. Parts of the Act, including IMCA,
were implemented in April 2007 with full implementation
in England and Wales from October 2007. The Act is
accompanied by a code of practice (DCA, 2007). A wide range
of health and social care professionals including those involved
in adult protection proceedings need to be familiar with these
documents. While there is not a specific legal requirement to
comply with the code of practice, where individuals divert
from it, they can be called to account for their actions.
Principles
The Act sets out five statutory principles (DCA, 2007 p19):
1. A person must be assumed to have capacity unless it is
established that they lack capacity.
2. A person is not to be treated as unable to make a decision
unless all practical steps to help him to do so have been
taken without success.
3. A person is not to be treated as unable to make a decision
merely because he makes an unwise decision.
4. An act done, or decision made, under this Act for or on
behalf of a person who lacks capacity must be done, or
made, in his best interests.
5. Before the act is done, or decision made, regard must be
had to whether the purpose for which it is needed can be
as effectively achieved in a way that is less restrictive of
the person’s rights and freedom of action.
The role of the independent
mental capacity advocate in
adult protection Teresa Gorczynska
David Thompson
Advocacy Partners
key words
independent mental capacity
advocate (IMCA), adult protection,
mental capacity
abstract
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.
Policy
overview
To continue reading
Request your trial