Does P wish to apply to court, taking account of what P says and how P behaves? The Mental Capacity Act (MCA) 2005 states that once a standard authorisation under the Deprivation of Liberty Safeguards (DOLS) has been approved the supervisory body (NHS body/local authority) must appoint a relevant person’s representative (RPR) as soon as practicably possible to represent the person who has been deprived of their liberty. DOLS must have an RPR like you to protect their interests throughout the process. Aisha* was residing in a care home under a Deprivation of Liberty Safeguards (DoLS) authorisation. Would P wish to apply to court, if P could express an informed view? Arrangements are assessed to check they are necessary and in the person’s best interests. The Human Rights convention says that every person has the right to liberty. The law says that no one should be deprived of their liberty unless this has been done through a process prescribed by law and that they have access to a right of appeal. DOLS standard authorisation . Deprivation of Liberty Safeguards (DoLS) / Liberty Protection Safeguards. NO . The DoLS authoriser should appoint an RPR based on the recommendations of the BIA unless there is evidence to suggest that the recommended person is not appropriate to act. However, a deprivation of liberty will not be used every time someone is admitted to a hospital or care home if they lack capacity to decide whether to be admitted. Usually the Local Authority will allocate a worker to complete relevant paperwork for the application to Court to be made. Section 39D DOLS IMCA – To support the RP, the RPR or both after the authorisation has been granted. The ‘relevant person’s representative’ (RPR). The assessment process must be completed within 7 days for urgent authorisations, where a DOL is already happening or 21 days for a standard authorisation where there is a proposed DOL. Everyone who has a DoLs authorisation must have a relevant person’s representative (RPR). The IMCA will represent and assist the person, their representative, or both during the authorisation period. However, it is important to note than when an RPR decides to make an application to the court independentlyof P’s wishes they must only do so if an application is in P’s best interests. Deprivation of Liberty safeguards – what you should know. An RPR is entitled to apply to the court without obtaining the court’s permission in the same wayasP. The Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act 2005. Applications for such views could be made by the relevant persons representative (RPR), their independent mental capacity advocate (IMCA) or the local authority. An RPR can be a family member or a friend. YES Issue proceedings . What is a Relevant Person’s Representative (RPR)? My admirable colleague Tor Butler-Cole has produced this useful chart to summarise in graphic form the effect of Baker J’s judgment in the RD case on DOLS… Does P express a consistent wish to apply to court to challenge the DOLS authorisation? On the RPR’s first Aisha seemed to engage well in conversation and retain relevant information, she told the RPR that she felt she had capacity to make her own decisions. Every person who is subject to a Deprivation of Liberty Safeguards authorisation must have a ‘Relevant Person’s Representative’ whose role is to support and advocate for the person. Each individual DoLS authorisation will state the date it lasts until. Advocacy 2. NO . DoLS LPS Commentary Rights 1. Deprivation of Liberty Safeguards (DoLS) protect people from having their freedom taken away unless it is in their best interests. Deprivation of Liberty Safeguards (DoLS) Our specialist IMCAs work with people who are being deprived of their liberty, by supporting them and representing them through the assessment process and the safeguard of their rights. RPR 3. Review 4. Until recently, there has been very limited guidance for Relevant Person’s Representatives (RPRs) and s39D Independent Mental Capacity Advocates (IMCAs) to rely on when determining when their duty to assist P to make an application to the court under s21A of the Mental Capacity Act 2005 (the Act) will arise. The safeguards aim to make sure that people in care homes and hospitals are looked after in a way that does not inappropriately restrict their freedom. This fact sheet contains all the information you need to understand your role and responsibilities as a person’s RPR. If the deprivation of liberty safeguards are used, when an urgent or standard authorisation is granted, someone will be appointed as a Relevant Persons Representative (RPR). Thirdly, a RPR should only be selected or confirmed by a BIA where he or she satisfies not only the criteria in regulation 3 of the Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 2008 but also the requirements of paragraph 140 of Schedule A1 of the MCA. The Deprivation of Liberty Safeguards, or DoLS, come under the Mental Capacity Act. A Paid RPR will agree with the supervisory body how they will maintain contact with the relevant person, usually by an agreed frequency of visits to the relevant person in the hospital or care home. All names and key details have been changed, to protect the client’s right to confidentiality. Instead, “[w]here the RPR concludes that P wishes to apply to the court, it is not the function of the RPR to consider whether such an application would be in P’s best interests” (para 74). An RPR should also assess for themselves whether an application should be made, independent of any wishes expressed by P. In particular the RPR should consider whether one of more of the qualifying requirements for a deprivation of liberty as defined in Part 3 of Schedule A1 are not met. The SB will instruct a DOLS IMCA to represent the person during the assessment process, with a particular focus on the ‘best interest’ assessment. However, when the RPR decides, independent of P’s wishes, that an application should be made to court under s. 21A, then he is bound to apply the best interests principle (para 80). It will enable you to represent the interests of the person being deprived of liberty in the best possible way. An Independent Advocate was allocated as Aisha’s Paid Relevant Person’s Representative (RPR). It is the role of the RPR to make sure that any conditions of the DoLs are being met and to inform the person of their rights and how to exercise those rights. It will enable you to represent the interests of the person being deprived of liberty in the best possible way. If a provider or family members identify any who meets the DoLS requirements and are not in a care home or hospital, they should contact their social worker or contact the DoLS Team on 01708 433550. The definition of what counts as a deprivation of liberty is wide, and so most people with dementia living in care homes and hospitals will receive care that falls under the definition. HertsHelp. Liberty. Private places Advocacy under LPS is enhanced so that every person gets one automatically – see below An Appropriate Person is appointed for the person as well but only if one can be identified - see below (8) The role of the IMCA appointed under s.39D is to take such steps as are practicable to help P and the RPR understand matters relating to the authorisation set out in s.39D(7)(a) to (e), and the rights to apply the Court of Protection and for a Part 8 review, and how to exercise those rights. Representation and the right to challenge a deprivation are other safeguards that are part of DoLS. DoLS ensures people who cannot consent to their care arrangements in a care home or hospital are protected if those arrangements deprive them of their liberty. This is an important role in ensuring the person deprived of their liberty is safeguarded. NO . DoLS are a set of checks that are designed to ensure that a person who is deprived of their liberty is protected, and that this course of action is both appropriate and in the person’s best interests. One on Deprivation of Liberty Safeguards (DoLS) and another on Deprivation of Liberty Orders (also known as Community DoLS or Judicial Appointments) . 1. If the recommended RPR is not appropriate . As an added layer of protection under DOLS, anyone who is deprived of their liberty must have a ‘relevant person’s representative’ (RPR) to protect their interests throughout the whole process. DoLS can only be used to deprive you of your liberty at a care home or hospital. This booklet contains all the information you need to understand your role and responsibilities as a person’s RPR. NO . Section 21a of the Mental Capacity Act enables the Court of Protection to review DoLS authorisations. To act when the RP is unbefriended (has no RPR).