1.2 Representative Advocacy

Sometimes, a person may be deprived of their liberty in a community setting, and is not able to consent to the arrangements. In these cases, the local authority or health organisation involved may make an application to the Court of Protection to have the Deprivation of Liberty authorised.

They will submit evidence including diagnosis, mental capacity assessment, a Best Interests Assessment, details about how the person is deprived of their liberty, and a care plan. The application needs to make sure that the person has been fully consulted.

The application may be streamlined, where there is no dispute, or at the discretion of the judge where the application is disputed or there is more need for clarity an oral hearing may be required.

As part of the process, someone is appointed to represent the person in the court processes. Usually this is a family member, but in some cases a paid Advocate is appointed where there is no one else suitable.

The Rule 1.2 Representative:

• Gets to know the person and their care arrangements.
• Writes a report to the court to say whether they think that the arrangements are necessary and proportionate, whether there are any concerns and what the person thinks about the arrangements. They can ask for an Oral Hearing if the person wants to speak to the judge or if they have found any issues.
• Once a Court Order has been made appointing the person as Rule 1.2 Representative, they visit regularly to keep in touch and can raise any further issues directly with the court if needed.

A Relevant Person’s Representative (RPR) provides representation for someone who is deprived of their liberty and lives in a care home or a hospital.

The Deprivation of Liberty Safeguards (DoLS) office authorises the deprivation of liberty by issuing a standard authorisation.

If someone who is deprived of their liberty lives in the community the Court of Protection authorises will authorise this by issuing a Court Order. This Order will name someone to represent the person as Rule 1.2 Representative.

Where in both cases, a paid representative provided by Advonet may be needed if there is no one else who can support the person.

The work done with the person by the advocate is similar, but the processes to authorise the deprivation of liberty and the way that the person can challenge their arrangements are different.