Mental Capacity Act

The Mental Capacity Act went live on 1 April 2007.

The Act provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. It makes it clear who can take decisions, in which situations, and how they should go about this. It also enables people to plan ahead for a time when they may loose capacity.

From 1 April 2009 onwards, the Act contains procedures for authorising the deprivation of liberty in hospitals and care homes of some people who lack capacity to consent to being there.

All of the Trust's services must act in accordance with the Act.

National Leaflets and Booklets

The Office of the Public Guardian has published a series booklets which provide information for staff, carers and service users.

You can view the MCA leaflets and booklets on the Office of the Public Guardian website, or download the following here:

pdf icon Guide on Adult Protection and the Independent Mental Capacity Advocate service

pdf icon Guide for those who may lack capacity 

pdf icon Guide for Professionals 

The Independent Mental Capacity Advocate (IMCA)

IMCAs are an extra safeguard for particularly vulnerable people in specific situations.

IMCAs should be involved where:

  • the person lacks capacity to take a decision in the particular matter under consideration
  • the person is 'unbefriended' - i.e. they have no one to represent their wishes and best interests.

The contact details for the local IMCA are:

Contacting IMCA

Open 9am to 5pm, Monday to Friday (except public holidays). For referrals, enquiries and further information please contact us by phone or email.

East Kent - Advocacy for All service users
Unit 1
241 Main Road
Kent, DA14 6QS
Tel: 020 8300 9666

pdf icon East Kent IMCA referral form

pdf icon East Kent IMCA leaflet

West Kent and Medway - Invicta Advocacy Network service users
7/9 Hythe Street
Kent, DA1 1BE
: 07944 637291

pdf icon West Kent and Medway IMCA referral form

pdf icon West Kent and Medway IMCA leaflet