IMCA services

The request was successful.

Dear Wandsworth Borough 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:

i. 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).

ii. 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?

iii. 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?

iv. Over the last two years, how many referrals has the local authority made to the IMCA provider(s)?

v. 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)?

vi. If a standard form is used for making a referral to the IMCA service, can I have a copy of that form?

vii. 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?

viii. 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?

ix. 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).

x. 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.

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

Freedom Of Information, Wandsworth Borough Council

Freedom of Information Act request - 2013/8060 - IMCA Services

Thank you for your request for information received on 13/08/2013.

This will be processed in accordance with the Freedom of Information Act
2000.

Regards

Corporate Information Management Team
[1][Wandsworth Council request email]
020 8871 7094

[2][IMG]

IMPORTANT:
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Please visit the Council's website at: [3]www.wandsworth.gov.uk

References

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1. mailto:[Wandsworth Council request email]
2. http://www.wandsworth.gov.uk/info/200109...
3. http://www.wandsworth.gov.uk/

Freedom Of Information, Wandsworth Borough Council

4 Attachments

Freedom of Information Act request - 2013/8060 - IMCA Services

 

I refer to your request for information received on 13/08/2013.  Please
see the information below in response to your request and be advised that,
due to the size of attachments, this is the first of two response e-mails:
-

 

i. 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 – the contract is with Voiceability (formerly known as Advocacy
Partners/Speakability).  We had no contracts prior to this.

 

ii. 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 – copies of advert and ITT attached.

 

iii. 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?

Please refer to the pdf copy of the contract attached on our second
e-mail.  Part 2 of specification (page 56 of contract) refers specifically
to the IMCA service.

 

iv. Over the last two years, how many referrals has the local authority
made to the IMCA provider(s)?

1^st April 2011 to 31^st March 2012 - 119

1^st April 2012 to 31^st August 2013 - 156

 

v. 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)?

Change of residence/Accommodation

2011/12 – 74

2012/13 – 105

 

Care Review

2011/12 – 10

2012/13 – 5

 

Adult Protection/Safeguarding

2011/12 – 18

2012/13 – 22

 

Serious Medical Treatment

2011/12 – 17

2012/13 – 24

 

vi. If a standard form is used for making a referral to the IMCA service,
can I have a copy of that form?

Please see attached – IMCA Referral Form.

 

vii. 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?

Please see attached – Mental Capacity Act 2005 (including the Deprivation
of Liberty Safeguards) Wandsworth Policies and Procedures..

 

viii. 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?

1^st April 2011 to 31^st March 2012

 

9 not eligible but information not held on breakdown of reasons for
refusal.

 

1^st April 2012 to 31^st August 2013:  24 refused

 

Befriended (so support no longer required) – 18

Not Serious Medical Treatment – 2

Does not meet criteria – 2

Has capacity - 2

 

ix. 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).

In the past two years there have been 3 cases.

 

One case – Section 21A MCA

Two cases – COP1, COP2, COP3

 

x. 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.

None

 

I hope this information meets your needs. If you do not understand the
information provided or wish to discuss anything further, please feel free
to contact me and I, or another member of the team, will be able to assist
you.

 

Please note that all material provided by Wandsworth Council in response
to your request for information is for your personal, non-commercial use.
Wandsworth Council reserves all rights in the copyright of the information
provided. Any unauthorised copying or adaptation of the information
without express written confirmation from Wandsworth Council may
constitute an infringement of copyright. Any intention to re-use this
information commercially may require consent. Please forward any requests
for re-use of information to the FOI officer.

 

If you are dissatisfied with the information provided in relation to your
request you may make representations to the Chief Executive. 
Correspondence should be addressed to: 

 

Room 162, Wandsworth Town Hall, Wandsworth High Street, London, SW18 2PU

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision.  The Information Commissioner can be contacted at: 

 

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF

 

 

Regards

Sue Murray

Corporate Information Management Team

020 8871 8119

___________________________________________________________________________________________________________________________________________________________

 

show quoted sections

Freedom Of Information, Wandsworth Borough Council

2 Attachments

Freedom of Information Act request - 2013/8060 - IMCA Services

 

I refer to your request for information received on 13/08/2013.  Please
see the information below in response to your request and be advised that,
due to the size of attachments, this is the second of two response
e-mails: -

 

i. 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 – the contract is with Voiceability (formerly known as Advocacy
Partners/Speakability).  We had no contracts prior to this.

 

ii. 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 – copies of advert and ITT attached (attached in our first e-mail).

 

iii. 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?

Please refer to the pdf copy of the contract attached.  Part 2 of
specification (page 56 of contract) refers specifically to the IMCA
service.

 

iv. Over the last two years, how many referrals has the local authority
made to the IMCA provider(s)?

1^st April 2011 to 31^st March 2012 - 119

1^st April 2012 to 31^st August 2013 - 156

 

v. 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)?

Change of residence/Accommodation

2011/12 – 74

2012/13 – 105

 

Care Review

2011/12 – 10

2012/13 – 5

 

Adult Protection/Safeguarding

2011/12 – 18

2012/13 – 22

 

Serious Medical Treatment

2011/12 – 17

2012/13 – 24

 

vi. If a standard form is used for making a referral to the IMCA service,
can I have a copy of that form?

Please see attached in our first e-mail – IMCA Referral Form.

 

vii. 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?

Please see attached in our first e-mail – Mental Capacity Act 2005
(including the Deprivation of Liberty Safeguards) Wandsworth Policies and
Procedures..

 

viii. 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?

1^st April 2011 to 31^st March 2012

 

9 not eligible but information not held on breakdown of reasons for
refusal.

 

1^st April 2012 to 31^st August 2013:  24 refused

 

Befriended (so support no longer required) – 18

Not Serious Medical Treatment – 2

Does not meet criteria – 2

Has capacity - 2

 

ix. 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).

In the past two years there have been 3 cases.

 

One case – Section 21A MCA

Two cases – COP1, COP2, COP3

 

x. 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.

None

 

I hope this information meets your needs. If you do not understand the
information provided or wish to discuss anything further, please feel free
to contact me and I, or another member of the team, will be able to assist
you.

 

Please note that all material provided by Wandsworth Council in response
to your request for information is for your personal, non-commercial use.
Wandsworth Council reserves all rights in the copyright of the information
provided. Any unauthorised copying or adaptation of the information
without express written confirmation from Wandsworth Council may
constitute an infringement of copyright. Any intention to re-use this
information commercially may require consent. Please forward any requests
for re-use of information to the FOI officer.

 

If you are dissatisfied with the information provided in relation to your
request you may make representations to the Chief Executive. 
Correspondence should be addressed to: 

 

Room 162, Wandsworth Town Hall, Wandsworth High Street, London, SW18 2PU

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision.  The Information Commissioner can be contacted at: 

 

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF

 

 

Regards

Sue Murray

Corporate Information Management Team

020 8871 8119

___________________________________________________________________________________________________________________________________________________________

 

show quoted sections