2
PART B - TYPE OF IMCA INSTRUCTION
Note: 39A, 39C and 39D are the relevant sections of the Mental Capacity Act 2005.
Place a cross in ONE box as appropriate Ø
B1 39 A – an urgent deprivation of liberty authorisation has been given, or a request for a
standard deprivation of liberty authorisation has been made, in respect of a person and
the managing authority of the relevant hospital or care home is satisfi ed that there is
nobody, other than people engaged in providing care or treatment for the person in a
professional capacity or for remuneration, whom it would be appropriate to consult in
determining what would be in the person’s best interests.
B2 39 A – a supervisory body has appointed an assessor to determine whether or not there
is an unauthorised deprivation of liberty in respect of a person and the managing authority
of the relevant hospital or care home is satisfi ed that there is nobody, other than people
engaged in providing care or treatment for the person in a professional capacity or for
remuneration, whom it would be appropriate to consult in determining what would be in
the person’s best interests.
B3 39 C – a person deprived of their liberty is without a relevant person’s representative.
B4 39 D – a person deprived of their liberty who has an unpaid relevant person’s
representative has requested the support of an advocate.
B5 39D – an unpaid relevant person’s representative of a person deprived of their liberty
has requested the support of an advocate.
B6 39 D – the supervisory body believes that the person deprived of their liberty will benefi t
from the support of an advocate.
B7 39 D - the supervisory body believes that the unpaid relevant person’s representative will
benefi t from the support of an advocate.
B8 39 D - the supervisory body believes that the person deprived of their liberty and their
unpaid relevant person’s representative will both benefi t from the support of an advocate.
PART C – IN THE CASE OF A 39C IMCA
Name of previous relevant person’s
representative (where appropriate)
Name
Address
GFSB-Liberty Form 30.indd 2 20/2/09 13:33:34