Hertfordshire IMCA Service
POhWER's IMCA Service for Hertfordshire can be contacted at:
POhWER IMCA,
Hertlands House
Primett Road
Stevenage
SG1 3EE
Telephone: 0845 223 0436
Fax: 0845 337 3052
Minicom: 0845 223 0435
Email: IMCA@pohwer.net
Involvement of an IMCA in adult protection cases
The Regulations made under the Mental Capacity Act specify that Local Authorities and the NHS have powers to instruct an IMCA if the following are met:
- Where protective measures are being put in place in relation to the protection of vulnerable adults from abuse: and
- Where the person lacks capacity
In these circumstances the LA or NHS body may instruct an IMCA to represent the person concerned if it is satisfied that it would be of benefit to the person to do so.
Although there is discretion to appoint an IMCA in these cases, there is a duty on every occasion to decide whether or not such an appointment is necessary. Adult Protection strategy meetings should consider if a referral should be made to an IMCA, using the criteria outlined below.
The regulations do not require the person in an adult protection situation to have no friends or family to consult. The regulations apply equally to:
- A person who has been abused,
- Who has been neglected and
- A person who is the alleged abuser.
Criteria for Adult Protection Cases
Hertfordshire criteria to identify service users who may benefit by the involvement of an IMCA in adult protection cases.
The alleged victim
The alleged victim must have been assessed to not have capacity to make decisions in relation to the issues that have been identified at the adult protection strategy meeting and there is one or more of the following factors:
- There is a high risk of further abuse or neglect will occur
- There is conflict between family and the decision maker.
- The alleged perpetrator lives with the service user
The alleged perpetrator is a vulnerable person
The alleged perpetrator must have been assessed to not have capacity to make decisions in relation to the issues that have been identified at the adult protection strategy meeting and there is one or more of the following factors:
- There is a high risk of further abuse or neglect will occur
- There is conflict between family and the decision maker
Involvement of an IMCA in Care Reviews
The regulations made under the Act specify that local authorities and the NHS have the power to instruct an IMCA in accommodation reviews if the following three requirements are met
The LA or the NHS must have arranged the original accommodation; and the person whose accommodation is being reviewed must lack capacity: and there is noother person appropriate to consult.
Accommodation review is defined as the review of care needs for residents in a care home or placed in NHS funded care
In these circumstances the LA or NHS body may instruct an IMCA to represent the person concerned if it is satisfied that it would be of particular benefit to the person to do so.
Although there is discretion to appoint an IMCA in these cases, there is a duty on every occasion to decide whether or not such an appointment is necessary
Criteria for Care Reviews
Hertfordshire criteria to identify service users who may benefit by the involvement of an IMCA in a care review.
The person must have been assessed to not have capacity to make decisions about where they reside and how their care is provided, the placement was arranged by the LA or by the NHS and there is no other person who can represent their views.
and there is one or more of the following factors:
- An IMCA was involved in the initial placement.
- An IMCA would have been involved but this was an emergency placement.
- The person did not have capacity when placed in the accommodation, prior to the implementation of the Mental Capacity Act in April 2007.
- The person has lost capacity since being placed in accommodation
- There is disagreement between agencies and/or care provider on how best the persons needs can be met in the future.
