Safeguarding people's rights under the Mental Capacity Act

People who lack capacity to make certain decisions have a statutory right to be represented by an independent mental capacity advocate (IMCA). However, there is concern among the organisations that provide IMCA services about the lower than expected number of referrals (instructions) by trusts in the NHS. The authors discuss possible reasons for the low instruction rate and how this could be improved. A case study of a woman with mental health problems is used to demonstrate how the role of the IMCA works in practice.