Split participants into small groups to work through case study Theo Guidance for feedback: Q. Is Theo eligible to receive support from an Independent Mental Health Advocate (IMHA)? Only for the duration of his detention (or if he is moved to a Community Treatment Order). An IMHA could support Theo understand his rights under the Mental Health Act and understand the care and treatment he is receiving. Q. Would an Independent Mental Capacity Advocate be instructed to work with Theo? A. Yes on the basis that he is unbefriended, lacks the – capacity to decide where to live and the Local Authority are arranging long term care for Theo. The role of the IMCA is to represent Theo and his interests through the decision making but only during the decision as to the long term – accommodation move. Q. Would an advocate be instructed under the Care Act? A. Yes if the social worker felt he faced substantial difficulty – in engaging within the initial assessment and subsequent care and support planning, which is probable as he has been assessed as lacking the capacity to make the decision on where he will live. Q. What is the difference between the role and functions of an advocate instructed under the Care Act and an IMCA. A. The primary role of the IMCA is to gather information about Theo’s wishes, preferences and interests for Decision Maker to consider as they make the final decision as to where Theo should live. The IMCA is likely to meet with Theo, consult with people who know Theo and write a report which reflects what is important to Theo and the types of things the decision should reflect. The IMCA will also check to see the decision is made in line with the Mental Capacity Act (that is that the principles and Best Interest checklist have been followed). If the IMCA is
Split participants into small groups to work through case study Theo Guidance for feedback: Q. Is Theo eligible to receive support from an Independent Mental Health Advocate (IMHA)? Only for the duration of his detention (or if he is moved to a Community Treatment Order). An IMHA could support Theo understand his rights under the Mental Health Act and understand the care and treatment he is receiving. Q. Would an Independent Mental Capacity Advocate be instructed to work with Theo? A. Yes – on the basis that he is unbefriended, lacks the capacity to decide where to live and the Local Authority are arranging long term care for Theo. The role of the IMCA is to represent Theo and his interests through the decision making – but only during the decision as to the long term accommodation move. Q. Would an advocate be instructed under the Care Act? A. Yes – if the social worker felt he faced substantial difficulty in engaging within the initial assessment and subsequent care and support planning, which is probable as he has been assessed as lacking the capacity to make the decision on where he will live. Q. What is the difference between the role and functions of an advocate instructed under the Care Act and an IMCA. A. The primary role of the IMCA is to gather information about Theo’s wishes, preferences and interests for Decision Maker to consider as they make the final decision as to where Theo should live. The IMCA is likely to meet with Theo, consult with people who know Theo and write a report which reflects what is important to Theo and the types of things the decision should reflect. The IMCA will also check to see the decision is made in line with the Mental Capacity Act (that is that the principles and Best Interest checklist have been followed). If the IMCA is