What is the role of the IMCA?
The relevant person and their representative have a right to be supported by an IMCA as part of the MCA DoLS process. If the person has no family or friends to support them through the assessment process, the managing authority must tell the supervisory body and an IMCA must be appointed at once, under 39A of the MCA. The person and the RPR also have a statutory right of access to an IMCA once a deprivation of liberty has been authorised, under s.39D of the MCA. A relevant person with a paid representative has no such right since it is assumed that the paid representative would meet their advocacy support needs. Once a RPR has been appointed, there may be less for the IMCA to do. However the IMCA can still: • apply to take the person’s case to the Court of Protection • be retained by the supervisory body if it believes the relevant person’s rights would be better protected.
