Where Safeguarding Adults at Risk procedures have been instigated and the Local Authority or NHS body proposes to take or has taken protective measures and the decision maker feels it will be of particular benefit to the person to have an IMCA involved.
People who lack capacity who have family and friends can still have an IMCA to support them under safeguarding.
Local guidance states that the involvement of IMCAs in safeguarding should be reserved for complex cases.
The guidance defines complex cases as those where:
- There is a serious exposure to risk eg, death, serious physical injury or illness
- A life-changing decision is involved
- There is a conflict of views regarding the best interests of the person particularly within the family or views of important others. This may be where there is a Deprivation of Liberty in place restricting contact with the significant others and this is being challenged.
- There is a likelihood that the safeguarding case will progress to the Court of Protection.
- There is a risk of financial abuse which could have a serious impact on the person’s welfare. Eg, where the loss of money would mean they would be unable to afford to live in their current accommodation or to pay for valued opportunities.
Where a person at risk is already supported by an advocate it is unlikely that an IMCA will be needed.