When a person lacks mental capacity to make some decisions for themselvesabout treatment and care they may be at risk if that treatment or care is not provided.

It is sometimes in their best interests to deprive them of their liberty. A process under the Mental Capacity Act (MCA) may lead to a Deprivation of Liberty Safeguards (DoLS). This is to prevent them from coming to harm. There are several different IMCA roles involved in supporting and representing people who may be subject to the Deprivation of Liberty Safeguards.

These are set out in Section 39 of the amended Mental Capacity Act 2005 (MCA) and they are instructed for different reasons andhave different rights and responsibilities. An IMCA may also be someone who will protect that person’s interests throughout the process by being their Relevant Persons Representative (RPR) if they have no one else who can do this.

The Deprivation of Liberty Safeguards are processes that care providers and local authorities must follow if a cared for person will be deprived of their liberty in a care home or hospital. A change in the law in 2014 means that local authorities may need to apply to the Court of Protection on behalf of an adult who lives in community settings, whose care package is deemed to be a deprivation of liberty and who lacks the capacity to consent to these care & support arrangements. Within the application, the local authority will aim to identify a close relative or friend to be involved in the Court process as a Rule 1.2 Representative. A Rule 1.2 Representative is the name given by the court to a person who is willing and able to provide information on the person’s past and present wishes and feelings, oversee a person’s care and support needs and tell the court of any changes to the person’s health or needs. If there is no one able then an advocate may be a Rule 1.2 Representative.

IMCADoLS referrals can be made via Egress at info@stockportadvocacy.co.uk or password protected and sent to the same email address.co.uk