Explains what advocacy is and how it can help you. Gives information on different types of advocacy, including statutory advocates, what sort of situations an advocate can help you with, and how to find an advocate.
An Independent Mental Capacity Advocate (IMCA) is an advocate appointed to act on your behalf if you lack capacity to make certain decisions. (See our pages on the Mental Capacity Act 2005 for more information what ‘lacking capacity’ means.)
In England, IMCAs are appointed by a local authority, and in Wales they are appointed by a local Health Board or other NHS body in Wales.
You have the right to an IMCA in these situations:
You will usually not be given an IMCA if:
An IMCA should help you:
Your IMCA can:
This is someone who can support you in all matters connected to a Deprivation of Liberty Safeguards situation, like requesting a review of the deprivation of liberty and making an application to the Court of Protection. It can be someone like a family member (and often is). You can choose who you want it to be if you have the capacity to do so.
An RPR must be:
The Mental Capactiy Act Code of Practice explains how the Mental Capacity Act should be interpreted. It places certain legal duties on health and social care professionals, and offers general guidance and information to anyone caring for someone who may lack capacity.See our full list of legal terms.
This information was published in October 2017. We will revise it in 2020.
References are available on request. If you would like to reproduce any of this information, see our page on permissions and licensing.