Representation and the right to challenge a deprivation are other safeguards that are part of DoLS. The ‘relevant person’s representative’ (RPR). Resources for local authorities to support their roles as supervisory bodies for the Mental Capacity Act Deprivation of Liberty Safeguards (DoLS). An Independent Advocate was allocated as Aisha’s Paid Relevant Person’s Representative (RPR). The IMCA will represent and assist the person, their representative, or both during the authorisation period. Usually the Local Authority will allocate a worker to complete relevant paperwork for the application to Court to be made. Aisha* was residing in a care home under a Deprivation of Liberty Safeguards (DoLS) authorisation. They include examples and cover the following areas: What does deprivation of … 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. NO . 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. Deprivation of Liberty Safeguards (DoLS) / Liberty Protection Safeguards. Key messages. means being free to do the What is a 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. The Court has recently considered five test cases involving elderly people [1]. 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. their liberty under the terms of the MCA DOLS must have an RPR like you to protect their interests throughout the process. 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… One key benefit is that an RPR is entitled to non means tested legal aid and separate representation from the person deprived of their liberty. DoLS can only be used to deprive you of your liberty at a care home or hospital. Arrangements are assessed to check they are necessary and in the person’s best interests. Appeal 1. HertsHelp is a free and confidential independent information and advice service providing a variety of support through a network of local organisations . DoLS LPS Commentary Rights 1. The SB will instruct a DOLS IMCA to represent the person during the assessment process, with a particular focus on the ‘best interest’ assessment. Paid Relevant Person's Representative. DOLS challenges in the Court of Protection – some much needed clarity. An RPR can be a family member or a friend. 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. It cannot be used to take you from your home to a care home or hospital – this would need an order from the Court of Protection. 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. This booklet contains all the information you need to understand your role and responsibilities as a person’s RPR. NO . RPR 3. Review 4. Photographs shown are also not representative of the actual person. 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. Appropriate P 3. Review 4 Appeal 5. It will enable you to represent the interests of the person being deprived of liberty in the best possible way. Does P express a consistent wish to apply to court to challenge the DOLS authorisation? ADASS has produced two quick guides. 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. 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. Each individual DoLS authorisation will state the date it lasts until. An RPR is entitled to apply to the court without obtaining the court’s permission in the same wayasP. 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. CASE STUDY. Section 39D DOLS IMCA – To support the RP, the RPR or both after the authorisation has been granted. Section 21a of the Mental Capacity Act enables the Court of Protection to review DoLS authorisations. A paid RPR may be needed if there are no friends or family members suitable to be an RPR or if there is a gap before a new RPR can take up the role. Deprivation of Liberty safeguards – what you should know. 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. 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. NO . 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. This fact sheet contains all the information you need to understand your role and responsibilities as a person’s RPR. However, during this time both the care provider and local authority (or health board) should: make regular checks to see if the authorisation is still needed; remove the authorisation when it is no longer needed; provide the person’s representative with information about their care and treatment. 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. Deprivation of Liberty Safeguards (DoLS) protect people from having their freedom taken away unless it is in their best interests. This is someone who can support the person being deprived of their liberty, by requesting a review or making an application to the Court of Protection to appeal the authorisation in place, if this becomes necessary. 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. 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). Click here to access guidance about recommending RPR's, including who can and who cannot act as an RPR and the role of an RPR. If the recommended RPR is not appropriate . Applications for such views could be made by the relevant persons representative (RPR), their independent mental capacity advocate (IMCA) or the local authority. Does P wish to apply to court, taking account of what P says and how P behaves? YES Issue proceedings . The Deprivation of Liberty Safeguards, or DoLS, come under the Mental Capacity Act. DOLS must have an RPR like you to protect their interests throughout the process. (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. The Human Rights convention says that every person has the right to liberty. HertsHelp. This is an important role in ensuring the person deprived of their liberty is safeguarded. 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). One on Deprivation of Liberty Safeguards (DoLS) and another on Deprivation of Liberty Orders (also known as Community DoLS or Judicial Appointments) . 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 RPR is usually appointed at the best interest’s assessment. 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. Reviews. Who can act as RPR? If you’re an IMCA or RPR (including an unpaid RPR), you should continue to represent and support the person who is or may be subject to the DoLS authorisation during the pandemic. The representative is appointed by the supervisory body authorising the deprivation. 1. It will enable you to represent the interests of the person being deprived of liberty in the best possible way. DOLS standard authorisation . If after assessments Social Services have decided your father needs to be in a care home with some element of compulsion – maybe simply being unable to unlock the front door and leave by himself - they must issue a Deprivation of Liberty Authorisation or DoLS and someone, usually a family member, is asked to be their Relevant Person’s Representative or RPR. To act when the RP is unbefriended (has no RPR). 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. Advocacy 2. What does an RPR do? - Approach to assessing requests for DoLS authorisations where individual’s circumstances have changed - Appointment of a RPR - Notification of the RPR following the death of an individual - Implications of the “AJ” ourt of Protection judgment - Data submissions to HSCIC Background 1. Would P wish to apply to court, if P could express an informed view? The Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act 2005. 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. 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 All names and key details have been changed, to protect the client’s right to confidentiality. 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). 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. They currently apply to people living in hospitals, care homes and nursing homes. Everyone who has a DoLs authorisation must have a relevant person’s representative (RPR). Liberty. Advocacy 2. NO .
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