Rule 1.2 services
A Rule 1.2 Representative supports people who have been assessed as lacking capacity and are deprived of their liberty in a domestic setting (such as their own home or supported living). Their role is to ensure the person’s rights are respected and their views are represented while deprived of their liberty.
Rule 1.2 services are statutory. This means that, under the Court of Protection Rules 2017, a Rule 1.2 Representative must be appointed for everyone who is deprived of their liberty in a domestic setting.
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.
What is a Rule 1.2 Representative?
Local authorities can authorise a Deprivation of Liberty for someone who has been assessed as lacking capacity and lives in a care home or hospital. However, only the Court of Protection can authorise a Deprivation of Liberty in domestic settings.
Where the local authority or Integrated Care Board applies to the Court of Protection to deprive someone of their liberty in a domestic setting, a Rule 1.2 Representative is appointed. Their role is to:
- Look at the person’s care and support package and compare it with other available options
- Consider whether any restrictions in place are unnecessary or should be changed
- Tell the Court of Protection the person’s views on their care and support package
- Check that the care and support package is implemented properly
- Liaise with people involved with the person’s care and support, and if necessary, raise concerns if their care appears overly restrictive or not in their best interest
- Maintain contact with the person who is deprived of their liberty for the duration of the Deprivation of Liberty order
- Write a report (called a COP24 witness statement) for the Court when it is time to apply for a new authorisation of the Deprivation of Liberty
Family members and friends can act as a Rule 1.2 Representative, but where a person doesn’t have family or friends who are suitable for the role, a paid Rule 1.2 Representative must be appointed. Our advocates are trained to take on this role.
Who might need this service?
People who are in supported living, their own homes or shared lives and have a court-authorised Deprivation of Liberty are entitled to support from a Rule 1.2 Representative.
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