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Mental Capacity

What to do if we have concerns about mental capacity?

As a first step, concerns about capacity and discussion should take place with advice and support from line managers. All decisions and rationales should be recorded on the digital system. 

For a person who lacks mental capacity when certain decisions are being made by the Council or NHS Provider, they must consult an Independent Mental Capacity Advocate (IMCA). An IMCA provides an independent safeguard to support vulnerable people who lack the capacity to make certain important decisions and who have no-one appropriate who can act for them. You can find more information about IMCAs at Camden here and a referral flowchart for professionals here. A referral form can be found here. 

When a serious decision is being made with major consequences for the person's life or wellbeing, the staff member should consult with Adult Social Care.  

We are required to pause or not commence activities until capacity has been confirmed, and appropriate arrangements have been made. 

More information and guidance on mental capacity can be found in the Government’s Mental Capacity Act Code of Practice. 

 

Last updated: 22 October 2025