Relevant Person's Representative and DoLS IMCA
The Relevant Person’s Representative and DoLS IMCA roles are there to ensure people’s rights are respected and their views represented throughout the Deprivation of Liberty Safeguards (DoLS) process.
What are Deprivation of Liberty Safeguards (DoLS)?
The Deprivation of Liberty Safeguards (DoLS) are designed to protect people in care settings, such as hospitals or care homes, who have been assessed as lacking the mental capacity to consent to their care or treatment.
A person is considered to be deprived of their liberty if they are under continuous supervision and control, are not free to leave, and lack the capacity to consent to these arrangements. This kind of deprivation can only be authorised when a person is formally assessed as lacking capacity to make decisions about their care and accommodation.
An authorisation under DoLS is only granted when the arrangements are considered to be in the person’s best interests, necessary to prevent harm, and proportionate to the level of risk. The safeguards are in place to ensure that any deprivation of liberty is lawful, justified, and subject to regular review.
What is mental capacity?
The Mental Capacity Act applies to people who, due to an impairment or disturbance in the functioning of their mind or brain, are unable to make a specific decision at a particular time. This could be the result of a disability, injury, or illness, and may be temporary or long-term.
Lacking capacity means a person is unable to understand, retain, or weigh up the information relevant to a decision, or communicate their decision. This might affect everyday choices, such as when to have a bath, or more complex decisions, such as those about medical treatment or where to live.
A person’s capacity can fluctuate over time, and it is rare for someone to lack the capacity to make all decisions.
How can a Relevant Person’s Representative (RPR) help?
What is an RPR?
When a person is deprived of their liberty under the DoLS, they are called a ‘Relevant Person’. An RPR’s role is to ensure that the Relevant Person’s rights, views and wishes are respected while they are subject to a DoLS authorisation. Family members and friends can act as RPR, but where a person doesn’t have family or friends or they are not considered appropriate, a referral for a paid RPR must be made.
Who might need this?
People living in care homes or staying in hospital who have a DoLS authorised by the local authority have the right to an RPR.
Access to an RPR is a statutory service, which means that the local authority must appoint an RPR for everyone who is deprived of their liberty under the DoLS.
What does an RPR do?
- Keep in regular contact with the person they are supporting.
- Check that things aren’t too restrictive for the person.
- Help the person to request a review of care.
- Help the person access legal support to ask the Court of Protection whether they should be deprived of their liberty.
How can a DoLS IMCA help?
Section 39 of the Mental Capacity Act 2005 sets out several roles for Independent Mental Capacity Advocates (IMCAs) to support individuals under the DoLS. To take on these roles, IMCAs must have undertaken specific training in the DoLS.
These roles are a statutory service. This means that, under the Mental Capacity Act and DoLS, local authorities must refer for an IMCA in the following situations.
39A IMCA:
A Section 39A IMCA is appointed specifically to support a person during a DoLS assessment carried out by the local authority (known as the Supervisory Body). The IMCA will visit the person, consult with the Best Interest Assessor, and provide a written report that includes the person’s views, wishes, and any important factors that should be taken into account during the decision-making process.
39C IMCA:
A Section 39C IMCA is appointed when there is a temporary gap in the appointment of the RPR under the DoLS. During this time, the 39C IMCA takes on the role of the RPR, ensuring the person’s rights are protected and their views and wishes are represented until a new RPR is in place.
39D IMCA:
Section 39D IMCAs provide support to the person subject to a standard authorisation under the DoLS, as well as to their unpaid RPR. They help ensure the person’s views and wishes are heard and represented throughout the authorisation process, offering advocacy and guidance as needed.
If people can’t tell their advocate what they want, it’s not a problem. Our advocates will find different ways of working to help establish people’s views and wishes as far as possible so that their rights can be upheld. We call this ‘non-instructed’ advocacy.
Who can make a referral?
The local authority DoLS team can make a referral for an RPR or IMCA as required.
If you are an unpaid RPR and want support from an IMCA, you need to contact the local authority DoLS team and ask them to make a referral for you.
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