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Rule 1.2 Representatives represent people subject to the deprivation of liberty (DoL) authorisation process when it is dealt with by the Court of Protection rather than the local authority (as in the case of Deprivation of Liberty Safeguards (DoLS)). An authorisation from the Court of Protection would be needed when a person is being deprived of their liberty in a domestic setting such as their own home, a supported living placement, a shared lives placement and so on (as opposed to care homes, in which case a DoLS would be put in place), and they lack the capacity to consent to those arrangements. In such cases local authorities would need to apply to the Court of Protection to authorise the deprivation of liberty. Once the DoL authorisation is in plac,e the Rule 1.2 Representative acts in much the same way as an RPR does for someone placed under a DOLS, visiting the person and advocating for them on any issues regarding the DoL.
Family members usually act as 1.2 Representatives, but in cases where the person has no family, an Independent Advocate can be appointed.
A Litigation Friend may be appointed by the court for the deprivation of liberty process, rather than a Rule 1.2 Representative, in cases which are not straightforward in some way e.g. when there is some sort of dispute over what the best interests of the cared for person are, or if a family member is motivated by their own interests rather than the best interests of the person. The Litigation Friend would take the place of the person in the court process and would be able to give instructions to the person’s solicitor if they have one. The litigation friend would inform the person as far as possible about what is happening in the case, and must make any decisions in the best interests of the person. They would attend court and may speak to a judge on behalf of the person.
The local authority would review the case and make their recommendation to the court about who should be appointed, and the court would make the decision.
A Litigation Friend can also appointed for people who are in the process of challenging any deprivation of liberty (DoL or DoLS) they are subject to, if they lack the capacity to understand the court process and instruct a solicitor.
Advocacy Yorkshire can provide 1.2 Representatives or Litigation Friends for eligible people who are being deprived of their liberty anywhere within Yorkshire & The Humber. To refer for a 1.2 Representative or Litigation Friend please use the forms below and send all forms and paperwork via your preferred secure email service, or in password protected files to: firstname.lastname@example.org. All referral forms must be accompanied by a completed spot-purchase authorisation form.