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Plain English

Glossary of roles and terms

Court of Protection language is full of initials, and getting one letter wrong can send you looking for the wrong person. This page explains who everyone is and what the words mean, in the plainest English we can manage.

It is IMCA, not INCA. An IMCA is an Independent Mental Capacity Advocate — a free, independent advocate for P when there is no suitable family member or friend to consult about a serious decision. "INCA" is a common mis-hearing and is not a real role, so asking for one will get you nowhere. If you want an advocate for yourself rather than for P, ask for a general or Care Act advocate instead.

35 terms shown

Roles & people

IMCA — Independent Mental Capacity Advocate
a free, independent advocate for the person (P) when they lack capacity for a serious decision and have no suitable family or friend to consultIMCAs are provided under the Mental Capacity Act 2005. They must be instructed for serious medical treatment and long-term moves where there is nobody else appropriate to consult, and they may be instructed for care reviews, safeguarding and DoLS. The IMCA meets P, reads the records, and writes a report the decision-maker must take into account. The correct spelling is IMCA — it is often mis-typed as 'INCA', which is not a real role.Sometimes written as: INCA (common mis-spelling)
RPR — Relevant Person's Representative
the person appointed under DoLS to keep in touch with P, check the authorisation is right, and challenge it if neededOften a family member; sometimes a paid RPR. An RPR can ask for a review and can bring a section 21A challenge to the Court of Protection, which carries non-means-tested Legal Aid.
Paid RPR
a professional appointed as the RPR when no family member can take the role
IMHA — Independent Mental Health Advocate
an advocate for people detained or subject to conditions under the Mental Health Act — different from an IMCA
Care Act advocate
an independent advocate under the Care Act 2014 for someone who has substantial difficulty being involved in an assessment, care plan or review
litigation friend
someone who conducts the case on behalf of a person who cannot instruct a solicitor themselves
Official Solicitor
a government lawyer who acts as litigation friend for P when nobody else can
ALR — Accredited Legal Representative
a specially accredited solicitor appointed directly for P in Court of Protection cases
Rule 1.2 representative
a person or lawyer the court appoints so P's voice is heard, without P necessarily becoming a party
McKenzie Friend
a helper who sits with you in court, takes notes and quietly gives advice — they do not speak for you
deputy
a person appointed by the court to make decisions for someone who cannot make them
attorney
someone appointed under an LPA or EPA while the person still had capacity
decision-maker
the professional or person actually making the best-interests decision — always ask who this is by name
Best Interests Assessor — BIA
the trained assessor who decides whether a DoLS authorisation should be given

Legal terms

P
the person the case is about (the 'protected person')
best interests
choosing what is best for P, taking their wishes and feelings seriously
capacity
the ability to make a particular decision at a particular time — it is decision-specific and time-specific, and is always presumed unless proved otherwise
DoLS — Deprivation of Liberty Safeguards
the legal check on care that keeps someone somewhere they are not free to leave and under continuous supervision
section 21A
the route to challenge a DoLS authorisation in the Court of Protection — non-means-tested Legal Aid usually applies
section 49 report
a report the court orders from the local authority or NHS body to help it decide
ex parte
an urgent hearing where only one side is there, usually because there is no time to tell the other side
contempt of court
breaking a court order — it can mean a fine or prison

Forms & orders

transparency order
a court rule saying you must not identify P publicly, including on social media or in groups
COP1
the main application form to start a Court of Protection case
COP3
the form a doctor or professional completes to assess capacity
COP9
an application made inside existing proceedings — for example to vary or discharge an order
COP24
a witness statement — the form families use to give their evidence and position
COP35
the form used to ask permission to appeal a Court of Protection decision
position statement
a short document filed before a hearing saying what you are asking for and why it is best for P
security bond
an insurance policy the court makes property and finance deputies buy to protect P's money

Organisations

OPG — Office of the Public Guardian
the body that registers LPAs and deputyships and supervises deputies
ICB — Integrated Care Board
the NHS body that plans and funds health care in an area
LGSCO — Local Government & Social Care Ombudsman
the ombudsman for complaints about councils and adult social care in England
PHSO — Parliamentary and Health Service Ombudsman
the ombudsman for complaints about the NHS in England
CQC — Care Quality Commission
the regulator for care homes, hospitals and care providers in England

Where to use this

Use the exact words when you write. Asking for "an IMCA under the Mental Capacity Act 2005" gets a different response from asking for "an advocate". See if you disagree with the decision, template emails and free legal advice.

General information written by families — not legal advice.