Litigation Friend and Rule 1.2 Representative Services
Who might need this: people who don't have the capacity to instruct a solicitor for legal proceedings; people who are in supported living, their own homes or shared Lives and have a court authorised Deprivation of Liberty.
Litigation Friends conduct legal proceedings on behalf of someone who lacks the capacity to do so. This includes instructing a solicitor. Sometimes advocates act as Litigation Friends as they know the person well.
The Litigation Friend will put forward the person’s views and wishes in court proceedings via their solicitor.
Our advocates can act as Litigation Friends when:
- Someone wants to challenge a Deprivation of Liberty authorisation
- An application is made around welfare or serious medical treatment to the Court of Protection
- Proceedings start to remove someone’s Nearest Relative under the Mental Health Act
A Rule 1.2 Representative is appointed where a local authority applies to deprive someone of their liberty in a domestic setting, e.g. their own home or supported living.
The role of the Rule 1.2 representative 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
- Write a report for Court when it is time to apply for a new authorisation of the Deprivation of Liberty
Who can make a referral?
- The local authority
- The NHS