Section 39D IMCA (DoLS)

A section 39D IMCA is an advocate under the Deprivation of Liberty Safeguards (DoLS). They are appointed after a DoLS has been authorised under one or more of the following circumstances:

• The person has an Unpaid Relevant Person’s Representative who requests advocacy support in their role;
• The person requests advocacy support;
• The Supervisory Body believes that the person or their unpaid RPR would benefit from the support of a section 39D advocate.

The role of the section 39D IMCA is to:

• Support the person and/or their unpaid RPR to understand the authorisation and their right of access to review and the Court of Protection;
• Support the person and/or their unpaid RPR to access their right to review or the Court of Protection; and
• Seek a review or make an application to the Court of Protection themselves if they see fit to do so.

If the section 39D IMCA is satisfied that both of the above duties are fulfilled and they are not involved in the instigation of a review or application to the Court, they can end their involvement with the person and/or the unpaid RPR.

Further section 39D IMCA support can be requested at anytime by the person and/or their unpaid RPR to the supervisory body while the DoLS remains in place.