Rule 1.2 Representative (Court of Protection)

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Information for professionals

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Who is the Rule 1.2 Representative service for? ​
 

When the Court of Protection is asked to make decisions about a person’s care, treatment or place of residence it must ensure that the person is supported to take part as fully as possible.

Under Rule 1.2 of the Court of Protection Rules (2017),  the court may appoint a Rule 1.2 Representative when:
 

• A case concerns a person’s care, treatment or living arrangements,

• The person lacks capacity to participate in proceedings, and

• There is no suitable family member or friend able to act on their behalf.

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What is the role of the Rule 1.2 Representative?

 

A Rule 1.2 Representative is an independent person who helps the individual’s voice be heard throughout the legal process.  Our advocates act in this role when appointed by the court to:

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• Meet or communicate with the person to understand their wishes, feelings and experiences.

• Share these views clearly and accurately with the Court of Protection and professionals involved.

• Check that the person’s rights and best interests are being upheld.

• Monitor any changes and ensure the person remains involved and informed during the case.

 

The advocate does not make decisions for the person - their role is to make sure the court understands what the person wants, how they feel about their situation and whether current care arrangements reflect those views.

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What area does this service cover?

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We can provide this service within South Tyneside under our contract with the local authority.

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Who can refer and how?

Professionals seeking to appoint a Rule 1.2 Representative in South Tyneside should complete a Rule 1.2 Representative referral form. For all other areas, please use our spot purchase request form.

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• Click here to access our referral forms.

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​For more information or advice about a referral, please contact us.​​

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