RELEVANT PERSONS REPRESENTATIVE

What is a Relevant Person’s Representative (RPR)?

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 or local authority) must appoint a relevant person’s representative (RPR) as soon as possible and practical to represent the person who has been deprived of their liberty.

 

The role of the RPR is to maintain contact with the relevant person, and to represent and support the relevant person in all matters relating to the deprivation of liberty safeguards.  Including, if appropriate, triggering a review, using an organisation’s complaints procedure on the person’s behalf or making an application to the Court of Protection.

 

The RPR has an important role in the deprivation of liberty process.  They represent the relevant person and provide support that is independent of the commissioners and providers of the services they are receiving.

 

Once an authorisation is approved, the managing authority (hospital or care home) must ensure that the relevant person and their representative understand:

  1. The effect of the authorisation
  2. Their right to request a review
  3. The formal and informal complaints procedures that are available to them
  4. Their right to make an application to the Court of Protection to seek variation or termination of the authorisation
  5. Their right, where the relevant person does not have a paid ‘professional’ representative, to request the support of an Independent Mental Capacity Advocate (IMCA)

RPRs must have regular, face-to-face contact with the person being deprived of their liberty, to ensure that their interests are being safeguarded. This means that the hospital or care home where the person is staying (the managing authority) should allow you to visit them at reasonable times. As the RPR, your name should be recorded in the person’s health and social care records.  If you have insufficient contact with the relevant person for whatever reason, they may not have full opportunities to have their case reviewed or to appeal against their deprivation of liberty to the Court of Protection.

Paid Relevant Persons Representative

How can our Independent Advocates help?

Our Independent Advocates have been specially trained to represent and protect the human rights of those who lack capacity and who are being deprived of their liberty in care homes and hospitals. Our team holds a wealth of expertise and knowledge surrounding the Mental Capacity Act and DoLS.

What will they do?

Relevant Persons Representatives will represent the relevant person by:

  1. Assisting them to understand the implications of the authorisation and what it means for the individual.
  2. Request a review to the local authority and providing support with a review.
  3. Raise concerns or challenge decisions made.
  4. Make an application to the Court of Protection on behalf of the individual to exercise their Article 5 (4) ‘Right to liberty’ right under the Human rights Act.

AWARDS