Introduction
The aim of these pages is to ensure that all those engaged in implementing the Act take due regard of legislative and other mandatory requirements.
It is important that the Act is implemented in a way that ensures effective engagement with appropriate stakeholders.
Lastly it is essential that the Act is implemented through effective communication and documentation pertaining to the Act is reviewed on a timely basis.
The guidance will provide clarity to ensure the Act is implemented in a way that is:
- Accessible to all staff, carers and those involved as advocates to service users
- Underpinned by evidence
- Effectively implemented and communicated and where appropriate supported by training
- Evaluated reviewed and updated
- Adhered to with compliance monitored
Duties of responsible bodies
As from the 1 April 2007 it is a statutory requirement for NHS trusts and local authorities to instruct an IMCA (Independent Mental Capacity Advocate) in the following circumstances:
When a person lacks capacity and who has no one else to support them other than paid staff whenever;
- An NHS body is proposing to provide serious medical treatment (10.42-10.50) or
- An NHS body or local authority is proposing to arrange accommodation (or change accommodation) in hospital or a care home (10.51-10.58) and the person will stay in hospital longer than 28 days or they will stay in the care home for longer than 8 weeks.
An IMCA may also be instructed to support Adult Safeguarding reviews where the person has no other friends or family to support them.
General responsibilities
All those involved in implementing the Act have a responsibility to:
- Ensure they read and understand all relevant documents including the Mental Capacity Act and its guidance documents.
- Ensure they adhere to the Act, seek help or guidance from their line manager or member of the Mental Capacity Implementation Steering Group with regard to anything they do not understand or if they cannot for whatever reason comply with the Act.
- Ensure that no breach of the Act occurs from their action.
Professional Staff as decision makers
Staff from NHS Trusts and the local authority will be responsible for making decisions to medically treat or change accommodation for a person lacking capacity and are known under the Act as decision makers.
Decision makers are likely to be:
- NHS Trusts e.g. clinicians, consultant nurses, care coordinators.
- Local Authorities; e.g. care managers, social workers, members of the integrated team and their team leaders and managers.
Decision makers will be responsible for instructing and then consulting with an IMCA (see chapter 10 of the Code of Practice Appendix 1).
The decision maker may change depending on different things such as which professional knows that person best, how complicated the issue may be, the experience of the professional and their competency, what options are available.
The IMCA (Independent Mental Capacity Advocate)
An IMCA is someone appointed to support a person who lacks capacity but has no one (other than paid staff) to speak for them. The IMCA makes representations about the person’s wishes, feelings, beliefs and values, at the same time as bringing to the attention of the decision maker all factors that are relevant to the decision. The IMCA can challenge the decision maker on behalf of the person lacking capacity if necessary.(see Appendix 2 for information leaflet on IMCA service).
Implementation and support
Salford City Council's staff development team will provide advice regarding training to be provided or commissioned in support of implementation
Documentation in relation to the Act and its implementation will be held in hard copy form by the library and on the PCT and local authority internet.
Heads of service and other managers are responsible for raising awareness to their staff of guidance and procedures and ensuring that all staff comply
Budget support
Salford’s statutory organisations have agreed to pool their resources to make the best use of the resource they have.
The local authority Mental Capacity Lead will hold this budget and any expenditure will be authorised by the mental capacity steering group.
This page was last updated on 07 November 2008
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