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Independent Mental Capacity Advocates (IMCAs) support people who lack capacity to make decisions about their long term accommodation or serious medical treatment and who do not have any friends or family appropriate to consult.
When a ‘Deprivation of Liberty Safeguards’ (DoLS) authorisation is in place and there is no suitable RPR, an advocate can take on the role of RPR.
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There is legislation to protect people who might be restrained or restricted in a way that amounts to depriving them of their liberty. It is called ‘Deprivation of Liberty Safeguards’. It aims to make sure that people are only deprived of their liberty when it is in their best interests.
When someone is or may be deprived of their liberty, the law calls them the ‘Relevant Person’.
The law says the Relevant Person must have a ‘Representative’. This means someone to help make sure their views, wishes and rights are respected.
Sometimes this role is taken unpaid by the person’s friend or family member. Sometimes the role is taken by a paid professional, such as an advocate. A paid RPR may be needed if there are no friends or family members suitable and willing to be an RPR or if there is a gap before a new RPR can take up the role.
During a DoLS authorisation, the RPR will:
visit the person regularly to ask their views and wishes
support the person to understand their situation and rights under the Deprivation of Liberty Safeguards
check that the care setting is keeping to any conditions of the authorisation
as far as possible, help the person to understand their authorisation and how it affects them
as far as possible, support the person to exercise their rights if they want to do that
If necessary, an RPR can request a review of the authorisation or support the person to make an application to the Court of Protection to get the authorisation changed or ended.
Even when someone can’t tell their RPR what they want, the RPR will use a range of approaches to establish their views and wishes as far as possible and secure their rights.
To request a paid RPR, you must be from the Supervisory Body. The Supervisory Body is the local authority or local health board that is responsible for appointing an RPR.
If you are from a Supervisory Body, you can request a paid RPR by making an online referral and attaching your paperwork.
A care setting must apply for a DoLS authorisation to get permission before they can deprive someone of their liberty.
Each DoLS authorisation:
allows deprivation of liberty in a specific way for a specific period
is unique to the individual
may have conditions attached
A DoLS authorisation may say that staff can, when necessary:
prevent a person from leaving the place where they’re being given the care they need
keep a person under continuous supervision and control in their best interests, to protect them from harm
Staff at a care setting should always keep the RPR informed of any changes to the conditions of a DoLS authorisation.
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Independent Mental Capacity Advocates (IMCAs) support people who lack capacity to make decisions about their long term accommodation or serious medical treatment and who do not have any friends or family appropriate to consult.
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Support if someone is or may be deprived of their liberty in a community or domestic setting.
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Solicitors firm; we act for vulnerable individuals, carers and children and advocate on their behalf with regards to their community care and mental health matters.