Relevant Persons Representative guide
A Guide to the Role of the Relevant Persons Representative (RPR)
The Deprivation of Liberty Safeguards (DoLS) are part of The Mental Capacity Act 2005. This is the law about what to do when people cannot make decisions for themselves.
What is the Relevant Persons Representative (RPR)?
- People may need care or treatment when they are in hospital or in a care home. If the person lacks capacity and because of this cannot make decisions for themselves, they will need extra protections (safeguards)
- These safeguards are called Deprivation of Liberty Safeguards (DoLS)
- The law makes sure that if DoLS are required, it is in the person’s best interests and that professionals think very carefully about decisions they make for the person
- If a person is deprived of their liberty, they must have a representative, independent of the local authority, who can visit and check that the person’s care is safe and act in the best interests of the person being represented
- Only one person can be appointed to act as a representative
Who can be a Representative?
- This role can be undertaken by a friend or family member or by a paid representative funded by the Local Authority
- A representative must be
- 18 years of age and over
- Able to keep in regular contact with the relevant person
- Willing to be appointed as a representative
What must the RPR do?
- Provide continuing support and regular contact to the person
- Ensure that those providing care or treatment always uphold the person’s rights and act in their best interests
- Assist the person to voice their concerns
- Assist the person to make a complaint if they need to
- Trigger a review of their care if the person is not happy with the deprivation
- Make an application to the Court of Protection on the person’s behalf if required
When should I challenge an authorisation through the Court of Protection?
You may want to do this if you think:
- The DoLS was not authorised properly
- This placement, restriction or any proposed action is not in the person’s best interests
- The person has mental capacity to decide their own treatment
- The person is objecting to the arrangements, whether or not they were properly authorised or in their best interests
As an RPR you have the right to support from an Independent Mental Capacity Advocate (IMCA) and can request this at any time. The IMCA will give you extra support if you need it and will help you to make the best use of the review process and the Court of Protection.
You MUST make an application to the Court of Protection if the person continues to object to their placement, even if you think the placement is right for them.
More information about Mental Capacity Act and Deprivation of Liberty Safeguards
Age UK Advice
- Telephone 0800 169 6565
- Website www.ageuk.org.uk
Alzheimer’s Society
- Telephone 0300 222 1122
- Website www.alzheimers.org.uk
The Court of Protection
- Telephone 0300 456 4600
- Website www.gov.uk/courts-tribunals/court-of-protection
MENCAP
- Telephone 0808 808 111
- Website www.mencap.org.uk
MIND
- Telephone 020 8519 2122
- Website www.mind.org.uk