Providing Independent Mental Capacity Advocacy – Deprivation of Liberty Safeguards

Unit summary

The unit aims to provide candidates with the practical skills and knowledge required to provide IMCA DOLS.

Learning outcomes Assessment

1 Understand legislation which affects people who may be subject to Deprivation of Liberty Safeguards or the formal provisions of the Mental Health Act

1.1 Identify when a IMCA DOLS must be instructed

1.2 Identify a range of factors which may determine whether a person is or is not being deprived of their liberty

1.3 Identify the managing authority and supervisory body in situations where someone may be deprived of their liberty

1.4 Analyse key principles and powers of the Mental Capacity Act 2005

1.5 Summarise the interplay between the Mental Capacity Act 2005 and Mental Health Act

1.6 Use the Code of Practice

2 Provide the statutory Independent Mental Capacity Advocacy – Deprivation of Liberty Safeguards service

2.1 Distinguish between standard and urgent authorisations

2.2 Identify the requirements of each of the six assessments for authorisations and who should undertake them

2.3 Summarise the roles and responsibilities for the three IMCA DOLS’ roles

2.4 Identify factors which may or may not make a deprivation of liberty in a person’s best interest

2.5 Evaluate the different ways the IMCA can make representations in the assessment process

2.6 Use a range of methods to communicate with people who lack capacity

2.7 Use non-instructed advocacy to ascertain the wishes, feelings or preferences of an individual

2.8 Provide a range of information to help an individual understand the process of deprivation of liberty

2.9 Support an individual to engage with the process

2.10 Represent an individual during assessment

2.11 Support an individual to appeal

3 Construct an IMCA DOLS written report that meets statutory requirements

3.1 Identify a range of issues that should be addressed within an IMCA DOLS report

3.2 Write an IMCA DOLS report

3.3 Identify good practice in recording case work

3.4 Explain the impact of data protection legislation on the recording of work

4 Challenge decisions 4.1 Map out the potential routes for formal challenges

4.2 Know how to raise informal and formal concerns and provide feedback

4.3 Use opportunities to highlight concerns