Rule 1.2 Representative
A Rule 1.2 Representative speaks up for a person who lacks capacity to consent to restrictions on their freedom, when they are or maybe deprived of their liberty in a community or domestic setting.
What does a Rule 1.2 Representative do?
The Rule 1.2 Representative writes a statement to explain whether they think that it is in the person’s best interests to have a package of care and support that would include depriving them of their liberty. The Court of Protection reads the statement to help them decide whether to authorise the deprivation of liberty.
If the Court of Protection authorises the deprivation of liberty, the Rule 1.2 Representative will:
Visit the person regularly to ask their views and wishes and see that they are being cared for well
Check that the treatment and care provided is the least restrictive of their basic rights and freedom
As far as possible, help the person to understand their authorisation, how it affects them and support them to exercise their rights.
If necessary, the Rule 1.2 Representative may request a review of the authorisation or make an application to the Court of Protection to request that the authorisation is changed or ended. For example, this may be necessary if the person’s needs change, or the authorisation is not being followed properly.
The Rule 1.2 Representative can be:
A friend or family member, who does the role unpaid
A professional, such as an advocate, who is paid
A paid professional maybe requested if there are no friends or family members suitable to do the role.
As part of the authorisation process, the social worker will identify who should take on the role of the Rule 1.2 Representative, whether paid or unpaid.
aged over 16
resides in the community or domestic setting
referred by a social working with a form 3 or using our referral form
lacks capacity in relation to their care and/or treatment/accommodation