Challenges to decisions affecting persons who lack capacity7
1
This regulation applies where an IMCA has been instructed to act and a decision (including a decision as to P’s capacity) is made in relation to a person (P).
2
The IMCA has the same rights to challenge the decision as if he or she were a person (other than an IMCA) who—
a
was entitled, in accordance with section 4(7)(b) of the Act, to be consulted in relation to a matter about which the IMCA is now instructed; or
b
it would otherwise be appropriate for an NHS body or a local authority to consult.