DoLS & Paid Representation
The purpose of the RPR service is to provide specialist independent paid representative service to people under authorisation covered by the Deprivation of Liberty Safeguards 2009.
IMCA and RPR are statutory services under the Mental Capacity Act and The Deprivation of Liberty Safeguards, governed by the Act; the relevant Codes of Practice and Guidance and case law.
The RPR must:
Ensure that the person represented is eligible to be deprived of liberty under the terms of the MCA DoLS.
Ensure that the MCA DoLS are never used as a form of punishment for the relevant person, or for the convenience of professionals, carers or anyone else.
Have a good understanding of the six qualifying requirements for the assessment process. If the RPR thinks the person represented does not meet (or has ceased to meet) any one of the assessment criteria, the RPR should ask for a Part 8 review of the MCA DoLS assessment.
Understand the terms of MCA DoLS authorisations, both urgent and standard.
Have regular, face-to-face contact with the person being deprived of their liberty, to ensure that their interests are being safeguarded.
Consult with carers and anyone who has an interest in the relevant person’s welfare to ensure that all decisions are made in their best interests.
Challenge authorisations on behalf of the person represented in the Court of Protection, if efforts to resolve any concerns informally with the managing authority and/or supervisory body have failed.
Comply with the Mental Capacity Act Code of Practice.
Comply with the Deprivation of Liberty Safeguards 2009 legislation and Code of Practice.
Once a standard DoLS authorisation has been granted, the Supervisory Body must appoint the RPR as soon as possible to represent the person who has been deprived of their liberty.
If neither the Relevant Person or Deputy selects an eligible person nor the Best Interests Assessor is unable to recommend anyone, the Supervisory Body must identify an eligible person via this Service.
The Supervisory Body will formally request the appointment of a paid RPR from this Service.