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Advocacy QPM: code of practice
- Authors:
- NATIONAL DEVELOPMENT TEAM FOR INCLUSION, EMPOWERMENT MATTERS
- Publishers:
- National Development Team for Inclusion, Empowerment Matters
- Publication year:
- 2014
- Pagination:
- 19
- Place of publication:
- Bath
This Code of Practice provides a description of what is and is not expected of an advocate in their day-to-day work with clients. It also provides a guide for commissioners of advocacy services on the expectations and purpose of the role and what clients as well as commissioners should expect from the delivery of the service. The Code covers the following areas: clarity of purpose, independence, person centred approach, empowerment, equal opportunity, accessibility, supporting advocates, accountability, confidentiality, complaints and safeguarding. The document also includes a copy of the Advocacy Charter, which defines the key principles of advocacy and what constitutes effective advocacy. Originally published in 2002, the Code and the Charter have now been updated by Empowerment Matters CIC and the National Development Team for Inclusion (NDTi) to reflect changes in legislation and developments in advocacy practice. (Edited publisher abstract)
Independent mental health advocacy: the right to be heard: context, values and good practice
- Authors:
- NEWBIGGING Karen, et al
- Publisher:
- Jessica Kingsley
- Publication year:
- 2015
- Pagination:
- 336
- Place of publication:
- London
This book takes an appreciative but critical view of independent mental health advocacy, locating the recent introduction of independent mental health advocates (IMHAs) within a broader historical, social and policy context, and anticipates future developments. Independent mental health advocacy is a crucial means of ensuring rights and entitlements for people sectioned under the Mental Health Act. The text includes the voices of service users throughout, both as authors and research participants. Drawing on their research, the authors provide a historical overview of mental health advocacy, independent mental health advocacy in relation to the law, the role and responsibilities of IMHAs, essential values, knowledge and skills required of advocates, relationships with service providers, commissioning, measuring advocacy outcomes, and how IMHA services can be made accessible and appropriate to diverse groups. (Edited publisher abstract)
Working with mental capacity advocates
- Author:
- SOCIAL CARE INSTITUTE FOR EXCELLENCE
- Journal article citation:
- Community Care, 21.1.10, 2010, pp.30-31.
- Publisher:
- Reed Business Information
Independent mental capacity advocates (IMCAs) were introduced in England and Wales under the Mental Capacity Act in October 2007. Drawing on work from the Social Care Institute for Excellence, this article discusses how health and social care professionals can best involve IMCAs in supporting their decision making.
The involvement of Independent Mental Capacity Advocates (IMCAs) in adult protection procedures in England: 1st April 2007 - 31st March 2008
- Authors:
- REDLEY Marcus, et al
- Publisher:
- University of Cambridge. Learning Disabilities Research Group
- Publication year:
- 2008
- Pagination:
- 62p.
- Place of publication:
- Cambridge
Using data from the National IMCA database, combined with additional quantitative and qualitative data from IMCA service provider organisations, this study investigates the expansion of the IMCA role to support adults lacking decision-making capacity who were subject, either as alleged victims and/or as alleged perpetrators, to adult protection procedures. This report summarises the findings.
Draft regulations for Wales: Liberty Protection Safeguards
- Author:
- WALES. Welsh Government
- Publisher:
- Wales. Welsh Government
- Publication year:
- 2022
- Pagination:
- 48
- Place of publication:
- Cardiff
Consultation on four sets of draft Regulations for Wales to support the implementation of the Mental Capacity (Amendment) Act 2019 and the Liberty Protection Safeguards. The new safeguards will provide important rights and protections for people who lack the mental capacity to agree to care, support or treatment arrangements, where these arrangements amount to a deprivation of liberty. The four sets of draft Regulations for Wales are: The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) (Amendment) Regulations 2022, amending the existing Regulations on the role and appointment of Independent Mental Capacity Advocates (IMCAs) – IMCAs are there to support the cared-for person under the LPS and those individuals who have been identified as the cared-for person’s Appropriate Person; The Mental Capacity (Deprivation of Liberty: eligibility to carry out assessments, make determinations and carry out pre-authorisation reviews) (Wales) Regulations 2022 – these Regulations set out who can undertake assessments, make determinations and carry out pre-authorisation reviews as part of the new process for authorising arrangements that amount to a deprivation of liberty, for people who lack the mental capacity to agree to those arrangements; The Mental Capacity (Deprivation of Liberty: training and criteria for approval as an Approved Mental Capacity Professional) (Wales) Regulations 2022, setting out arrangements regarding the role and approval by local authorities of Approved Mental Capacity Professionals (AMCPs) – this is a new role within the LPS, designed to provide additional safeguards for people by undertaking a pre-authorisation and / or determining whether the authorisation conditions are met; The Mental Capacity (Deprivation of Liberty: Monitoring and Reporting) (Wales) Regulations 2022, supporting the monitoring and reporting of the new system and the implementation of the LPS – the Regulations identify the three monitoring bodies, Care Inspectorate Wales (CIW), Health Inspectorate Wales (HIW) and Her Majesty’s Inspectorate for Education and Training (Estyn), which will be responsible for monitoring and reporting on the new safeguards. (Edited publisher abstract)
Introducing the mental capacity advocate (IMCA) service and the reform of adult safeguarding procedures
- Authors:
- REDLEY Marcus, et al
- Journal article citation:
- British Journal of Social Work, 41(6), September 2011, pp.1058-1069.
- Publisher:
- Oxford University Press
Current welfare policy is designed to foster individual responsibility and self-development. This creates problems when adults lack the capacity to make informed decisions about their lives, and/or are unable to protect themselves. However, these problems are resolved by the 2005 Mental Capacity Act (England and Wales) (MCA) and adult safeguarding procedures. Specifically, the MCA introduced a statutory advocacy service, which empowers local authorities to appoint an Independent Mental Capacity Advocate (IMCA) to represent the interests of adult lacking capacity to make decisions about adult safeguarding procedures. This article provides a general overview of the development of adult safeguarding. It explores the introduction of MCA’s advocate service into these procedures. The article also discusses findings from a project investigating the integration of IMCAs into these procedures, and provides a discussion of the challenges facing IMCAs involved in general adult safeguarding procedures.
Mental Capacity Act: the role of the IMCA (Independent Mental Capacity Advocate)
- Author:
- SOCIAL CARE INSTITUTE FOR EXCELLENCE
- Publisher:
- Social Care Institute for Excellence
- Publication year:
- 2014
- Pagination:
- 7 minutes 32 seconds
- Place of publication:
- London
Actors have been used in this short film. This drama is set in a care home for older people. Peter Robinson has dementia and concern about his eating has led to a discussion by medical staff as to whether he should have a PEG (a tube for feeding directly into the stomach) fitted. Mr Robinson has been assessed as lacking capacity to make this decision himself. Because he has very limited contact with family, an IMCA is instructed by the doctor to represent him in this best interests decision. The film shows the role of the IMCA - which includes communicating with the person who lacks capacity, consulting others and writing a report. It also shows how important the care worker's knowledge of Mr Robinson is for the best interests decision. Learning support materials have been developed for both care workers and professionals to accompany this film. This film was previously available under the title: 'Peter's IMCA.' (Publisher abstract)
Deprivation of Liberty Safeguards: annual monitoring report for health and social care 2020-21
- Authors:
- CARE INSPECTORATE WALES, HEALTHCARE INSPECTORATE WALES
- Publishers:
- Care Inspectorate Wales, Healthcare Inspectorate Wales
- Publication year:
- 2022
- Pagination:
- 34
- Place of publication:
- Conwy
This is the annual monitoring report of Care Inspectorate Wales and Healthcare Inspectorate Wales on the implementation of Deprivation of Liberty Safeguards (DoLS) in Wales. The report covers the period April 2020 until the end of March 2021. The findings show that overall, there was a decrease in the number of Deprivation of Liberty Safeguards (DoLS) applications received by supervisory bodies in 2020-21. Compared to the previous year, the total number of DoLS applications to health boards decreased by 6%. Three of the seven health boards reported a decrease. Compared to the previous year, the total number of DoLS applications to local authorities decreased by 12%. 18 of the 22 local authorities reported a decrease. The COVID-19 pandemic had a significant impact on the DoLS assessment process. Services had to adapt their working practices to reduce the risks of infection. Many individuals in hospitals were also discharged or transferred rapidly and DoLS applications withdrawn before they were assessed. The majority of DoLS applications continue to be for older people, with 87% of applications being for people over the age of 65. Most applications for DoLS continue to be from care homes for older adults, and from hospital wards for older adults. Over the last three years there has been an increase in both the number of DoLS reviews undertaken, and representations made by Independent Mental Capacity Advocates (IMCAs). The proportion of authorisations referred to the Court of Protection has seen year on year increases for the period 2018-21. (Edited publisher abstract)
Liberty Protection Safeguards: the appropriate person and independent mental capacity advocates
- Author:
- GREAT BRITAIN. Department of Health and Social Care
- Publisher:
- Great Britain. Department of Health and Social Care
- Publication year:
- 2021
- Place of publication:
- London
The Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are, or who need to be, deprived of their liberty to enable their care or treatment and who lack the mental capacity to consent to their arrangements. People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. The appropriate person is a non-professional who provides representation and support for the person during the LPS process and throughout the duration of any authorisation given. An independent mental capacity advocates is an experienced and trained individual who should represent and support the person through the LPS authorisation process and while the LPS authorisation is in force. [Last updated 11 June 2021] (Edited publisher abstract)
Deprivation of Liberty Safeguards: annual monitoring report for health and social care 2019-20
- Authors:
- CARE INSPECTORATE WALES, HEALTHCARE INSPECTORATE WALES
- Publishers:
- Care Inspectorate Wales, Healthcare Inspectorate Wales
- Publication year:
- 2021
- Pagination:
- 31
- Place of publication:
- Conwy
This is the annual monitoring report of Care Inspectorate Wales and Healthcare Inspectorate Wales on the implementation of Deprivation of Liberty Safeguards (DoLS) in Wales. The findings show that there has continued to be a year on year increase in the number of applications received by supervisory bodies, with a 28% increase received by health boards in 2019-20. Of those applications refused by supervisory bodies, approximately half were refused because the mental capacity condition was not met. Since many applications for DoLS were from care homes or hospital wards for older adult, the majority of applications continued to be for older adults with more than 85% of applications for people over the age of 65, most of which were for people living in care homes or in patients on hospital wards for older adults. Up to the age of 64 there were more DoLS authorisations for men than women, but after the age of 85, a significantly higher number of authorisations were in relation to women. (Edited publisher abstract)