Everyone who lacks capacity to consent to care and accommodation which results in them being under constant supervision and control and not free to leave, is considered to be deprived of their liberty. There are safeguards in place to ensure that the deprivation is in the person’s best interest. Read more about Deprivation of Liberty Safeguards (DoLS)

Within a care home or hospital setting the Local Authority can authorise the deprivation, however if the person is living in any other setting, such as their own home or supported living, only the Court of Protection can authorise this. In the Court process the person who is deprived of their liberty under the Mental Capacity Act must have a representative appointed by the court and this person is known as the rule 1.2 Representative. This could be a family member or a friend but if there is no one suitable it could be a POhWER advocate.

POhWER’s 1.2 Representatives are qualified advocates who have specialist knowledge of the Mental Capacity Act and Deprivation of Liberty Safeguards legislation.

The role of the 1.2 Representative is similar to that of the Relevant Person’s Representative (RPR) role for people in Care Home settings. The 1.2 Representative will:

• Visit the person deprived of their liberty regularly
• Help the person to understand their Deprivation of Liberty Safeguards (DoLS) authorisation and how it affects them
• As far as possible, assist the person to exercise their rights if they want to
• Ensure any conditions attached to the authorisation are met, referring any concerns to the court if necessary
• If necessary ask for an early review of the authorisation
• Feedback at the end of an Authorisation

Our 1.2 Representatives are independent from the care provider, the court and the Local Authority. The service is free of charge.