IMCA Services

The request was successful.

Dear Sutton 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, Sutton Borough Council

Dear Mr Edwards

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST - REF NO - F5525 (please quote in correspondence)

I acknowledge your request for information received on 12 August 2013.

Your request is being considered and, if it is held, you will receive the information requested within the statutory timescale of 20 working days as defined by the Freedom of Information Act 2000, subject to the information not being exempt or containing a reference to a third party.

If appropriate, the information may be provided in paper copy, normal font size. If you require alternative formats, e.g. language, audio, large print, etc. then please let me know.

For your information, the Act defines a number of exemptions which may prevent release of the information you have requested. There will be an assessment and if any of the exemption categories apply then the information will not be released. You will be informed if this is the case, including your rights of appeal.

If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. You will be informed if this is the case.

A fee may be payable for this information. This will be considered and you will be informed if a fee is payable. In this event the fee must be paid before the information is processed and released. The 20 working day time limit for responses is suspended until receipt of the payment.

Please be advised that in line with London Borough of Sutton’s commitment to transparency, in due course an anonymous copy of your request and our response may be published on our website.

Yours sincerely

FOI Admin Officer
London Borough of Sutton

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Platts George, Sutton Borough Council

4 Attachments

Dear Mr Edwards

 

Please find enclosed the answers to your questions about the IMCA service
in Sutton.

 

I apologise for the delay in responding to your request

 

George Platts

Head of Mental Health and Community Social Services

 

Tel: 02087704584

[mobile number]

 

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