IMCA – Independent Mental Capacity Advocacy

Independent Mental Capacity Advocacy

For people who have been assessed as lacking capacity to make certain decisions in specific areas of their life.​ The capacity assessment must be current and up to date.

We all assume a basic right to make decisions about where and how we live, as well as how we are cared for, making many choices each and every day.

Due to disability, illness or injury, some people may not be able to make the important decisions and have to trust that other people will make good decisions for them, taking in to account a persons’ best interests.

Some decisions are so important that the law (Mental Capacity Act 2005) says the person making the decision must instruct an independent advocate.  An IMCA must be instructed when;

The person is aged 16 or over;

A decision needs to be made about either, serious medical treatment (SMT)or a long-term change in where the person lives (LTAM – long term accommodation move);

The person lacks the capacity to make that decision;

And; There is no one independent of health and social care services, such as a family member or friend, who is appropriate to consult.

IMCA’s also support the person, with:

  • Safeguarding concerns;
  • Care Reviews;
  • 39A; (Urgent DoLS authorisations)
  • 39C; (gaps in standard DoLS authorisations of the relevant persons representative)
  • 39D; (IMCA supporting unpaid representative)
  • Best Interests.

The IMCA will share their views, gathered from the person, their usual home environment, those who know the person, health and social records and loved ones; to those responsible for making decisions.

The IMCA will ensure that, wherever possible, the person has been given support to participate in any decisions being made about them, and ensuring their rights are upheld.

We can only accept referrals from a health or social care professional.

IMCA Referral Form

You can download the IMCA – Independent Mental Capacity Advocacy Referral Form by clicking the button below.

Please print, fill it out and return to us via email or post.

Send the completed form to:

Manager, one advocacy, 3rd Floor, Stuart House, Green Lane, Derby DE1 1RS

or email to
or call the Direct Referral line 01332 228748