FOI Request
6 September 2013
Dear Enfield Council,
My request is for information relating to the appointment of Independent Mental Capacity Advocates (IMCAs) under the Mental Capacity Act 2005. Specifically, I would like to request the following information:
- Does the authority have a contract with any provider(s) for the provision of IMCA services? If so, who? If the authority has contracted with more than one provider since the coming into force of the Mental Capacity Act 2005, it would be helpful to have a full list (i.e. including providers with whom the authority no longer contracts).
Yes, it does. The current contract for IMCA provision in the London borough of Enfield is with Voiceability. This is a shared contract with London Borough of Haringey and London Borough of Barnet. This provider has been in place since 2010. Prior to this provision the contract was held by Rethink Mental Illness Ltd.
- Was the contract for provision of IMCA services the subject of public tendering or advertisement? If so, can I have a copy of the advert / invitation to tender?
Yes it was publicly advertised. A copy of the advert / invitation to tender is attached.
To the extent that it is disclosable under the FOIA, can I have a copy of the authority’s contract with provider(s) of IMCA services?
No. This is confidential between the parties that signed the contract and contains sensitive business information.
- Over the last two years, how many referrals has the local authority made to the IMCA provider(s)?
175 referrals were made to IMCAs over the last two years, however the local authority was not the only source of referrals.
- If possible, can I have a breakdown of those referrals into the categories identified by the Mental Capacity Act as being decisions in relation to which an IMCA should or may be instructed (i.e. serious medical treatment; change of residence; care review; adult protection case; deprivation of liberty)?
Please the tables below outline the data you requested.
2011 – 2012
Serious Medical Treatment / 5Change of Residence / Accommodation / 45
Care Review / 7
Safeguarding Adults from Abuse / 14
Deprivation of Liberty Safeguard / 14
Total / 85 (not including 10 ineligible)
2012 - 2013
Serious Medical Treatment / 9Change of Residence / Accommodation / 38
Care Review / 1
Safeguarding Adults from Abuse / 23
Deprivation of Liberty Safeguard / 9
Total / 80 (There were no ineligible referrals)
- If a standard form is used for making a referral to the IMCA service, can I have a copy of that form?
Yes, please see attached the form for which referrals are made to VoiceAbility. For DoLS IMCA referrals the London Borough of Enfield make use of the standard form which was developed by the Department of Health. One is attached for your perusal.
If the authority has produced any guidance or statement of internal policy or procedure (beyond the MCA Code of Practice and DOLS Code of Practice) as to the circumstances in which an IMCA referral must or may be made, can I have a copy of it?
London Borough of Enfield designed a Mental Capacity Act & Best Interest Decision recording tool which makes reference and prompts to IMCAs being appointed. The MCA & DOLS Quick Reference Guide also makes reference to when an IMCA should be involved, again a copy is attached and there is internal Practice Guidance regarding Advocacy and IMCA involvement in Safeguarding Cases.Copies of all these documents are attached.
- How many (if any) of the referrals made to the IMCA service within the last two years have been refused by that service (i.e. no IMCA has been allocated); and on what grounds have they been refused?
We only have information that in 2011 – 2012 there were 10 ineligible cases. There were no ineligible referrals in 2012 – 2013 as referrers’ knowledge is growing and they are making more appropriate referrals.
How many (if any) of the cases in which referrals were made to the IMCA service within the last two years have progressed to proceedings in the Court of Protection? If possible, could I have a breakdown by the nature of the application to the Court (i.e. s.21A Mental Capacity Act; health and welfare decision; financial decision).
As far as London Borough of Enfield knows there were no DoLS cases that proceeded to the Court and no other data is available at this point in time.
On how many (if any) occasions within the last two years have IMCAs appointed by the authority made applications to the Court of Protection in relation to decisions made by the authority? If available, it would be helpful to know, in broad terms, what the outcome of those applications has been.
Voiceability did not make any applications to the Court of Protection in relation to decisions made by London Borough of Enfield. Where disputes occurred these were most often resolved, before the Local Authority had the need to approach the Court of Protection.
If need be, please do feel free to break the request down and to treat it as more than one request.
Yours faithfully,
Mr D Edwards