Part of advocacy’s role is to ensure that our clients’ rights are upheld. With the recent Cheshire West hearing on Deprivation of Liberty, and announcement that the Liberty Protection Safeguards are back on the table, we have written here about why advocacy needs to be at the forefront of the discussion.

We discuss how our Deprivation of Liberty Safeguards (DoLS) service works with clients under the current rules, the challenges our clients face and what do to safeguard the rights of some of the most vulnerable and excluded people in our communities.

Following the recent challenges to the Cheshire West ruling[1], covering the legal definition of a Deprivation of Liberty in social care settings, many charities have rightly highlighted the risks to some of the most vulnerable people in society if the current safeguards are reduced or removed. In addition, the government has announced that consultations will start next year on implementing the Liberty Protection Safeguards (LPS) to reform the whole system of overseeing deprivations of liberty in care.

The Advonet Group’s position is that the role of advocacy in protecting the rights and quality of life for the most vulnerable must be at the forefront of these discussions.

One of the safeguards in the current arrangements is that a person who is deprived of their liberty in a care setting and who lacks capacity to consent to this has a Relevant Person’s Representative (RPR) appointed, often a friend or family member.

An RPR maintains regular contact with the person and can challenge the Deprivation of Liberty on their behalf, if the person is objecting to the arrangements or if the RPR feels it would be in their best interests to bring a challenge.

Paid RPR

Some people who are deprived of their liberty have no friends or family to uphold their rights.  In this case, under the current arrangements, a referral is made for an advocate to take the role of Paid RPR. This is a service provided by The Advonet Group to around 700[2] people in Leeds.

An advocate from our service will visit the person regularly and make sure that their views are being listened to, that their arrangements are the least restrictive they can be and that any concerns are escalated – up to and including a challenge to the Court of Protection.

The people who are referred to this service are some of the most vulnerable people in Leeds. Not only are they in receipt of care due to their needs, often in circumstances that they might struggle to accept, but they have no one independent of the care home and social services who can take an interest in them as an individual on an ongoing basis. About 48% [3] of these people are under the age of 65.

Advocates from our service are often their only regular visitors from outside the care home. We have an important role in seeing how things look from the person’s point of view and asking questions where needed on their behalf.

Upholding rights

Where necessary, we uphold the legal rights for these vulnerable people to challenge their deprivation of liberty if they object to their arrangements or if their care is not in their best interests. Whilst we can and do use the legal process, we also engage in conversations with staff and social workers to address issues more informally on their behalf.

Led by the person and their values, wishes and feelings, we empower them by giving them a voice.  This can address a range of topics with those who make decisions about their care, such as whether and in what circumstances a person can to go out of the care home, what hobbies and activities interest them, whether communication needs are met, what their food preferences are, whether or not a person can access the internet, and many other things that those not living in care would take for granted. Often people tell us that we are the only ones who really listen, or who are on their side.

The importance of the Paid RPR role must not be overlooked in discussions about the legal rights of people who are deprived of their liberty. Whatever the outcome of the Supreme Court deliberations, or the consultation on the Liberty Protection Safeguards, The Advonet Group will speak up to ask for independent representation for those who need it most.

[1] Cheshire West: back in the courts – Mental Capacity Ltd

[2] Number of open referrals on 30th Sept 2025 was 698 (this does include duplicate referrals)

[3] Based on the referrals for 2024-2025