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The rule 1.2 representative process explained

Contact meeting between relevant person and their representative

In Mental Capacity law, a rule 1.2 representative (or ‘1.2 rep’) performs a similar role to a Relevant Person’s Representative (RPR), but in a community setting.

The process for assigning a 1.2 rep is slightly different to that of an RPR. This is because community DoLS authorisations are authorised through the Court of Protection, and not by the Local Authority DoLS office, as is the case in hospital and care home settings.  And so a 1.2 rep will be identified and allocated through this process by those applying and agreed by the Court.

The 1.2 representative process

While there may be some local variations, the 1.2 rep process should work as follows:

  1. On referral, a 1.2 rep should be provided with access to the relevant person’s care and support plans, alongside any forms associated to the community Deprivation of Liberty Safeguards (DoLS) application. This includes the individual’s mental capacity assessment for care and treatment (Form COP3).
  2. The 1.2 rep should visit the relevant person to discuss their care and support plans, with a focus on explaining their rights, and exploring any restrictions / deprivations of liberty that are in place. This visit may be completed alongside the Social Worker assigned to the case, in preparation for a related Best Interest meeting, which the 1.2 rep should be a part of.
    • In these cases, the 1.2 rep is responsible for completing Annex C of the COPDOL11 application – ‘Consultation with P in support of an application to authorise a deprivation of liberty’.
  3. The 1.2 rep should then commence a period of regular contact with the relevant person, every 6-8 weeks (or as tender/funding directs). These meetings should be the same as if an RPR were visiting someone in a care home or hospital setting. This means that the 1.2 rep should look out for any form of objection by the individual, which they should then raise with the relevant parties. They should also request a review of the community DoLS authorisation if any changes in capacity or restrictions occur.
    • Once the order is formalised, the Community DoLS document(s) should be shared with the 1.2 rep, from which any conditions and dates of authorisation should be noted and monitored.
  4. Regular contacts should continue throughout the period of the community DoLS authorisation. The 1.2 rep should submit a final report 4-6 weeks prior to the end of authorisation. After which, the whole process restarts if a new authorisation is requested.

IMPORTANT: Please note that there will be significant changes to community DoLS as and when the new Liberty Protection Safeguards (LPS) come into force. Under LPS the community DoLS process will be amalgamated into a standardised authorisation system in order to streamline the process and improve access and safeguards.

For further information around these topics, please do browse our site where we have a wide range of blogs around the Mental Capacity Act, DoLS, LPS and many more topics besides.

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