Rule 1.2 Representative (Court of Protection)

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Information for professionals

 

Who is the Rule 1.2 Representative service for?

 

The Court of Protection may be asked to authorise care arrangements that deprive a person of their liberty in a community setting, such as:

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• their own home

• supported living

• shared lives accommodation

• another setting outside a hospital or registered care home.

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The court must consider how the person will be supported to take part in the proceedings.

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A family member or friend may sometimes act as the person’s representative. Where nobody suitable is willing and able to undertake the role -or an existing representative has withdrawn or is no longer appropriate - a professional Rule 1.2 Representative may be needed.

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Your Voice Counts can be proposed as the person’s professional representative. The Court of Protection makes the final decision about how the person will participate and whether to appoint a representative.

 

What does a Rule 1.2 Representative do?

 

When appointed by the court, our representative will:

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• meet or communicate with the person regularly

• help them understand the court application, order and care arrangements as far as possible

• find out their wishes, feelings and experiences, including whether they object to any part of the arrangements

• consider the care arrangements and restrictions from the person’s perspective

• help ensure the person’s views are communicated to the court and the professionals involved

• provide statements, reports or other information required by the court

• monitor relevant changes during the period of the order

• raise concerns or seek a review where necessary.

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The representative does not make decisions for the person and does not replace a solicitor or other legal representative. The Court of Protection decides whether the arrangements should be authorised.

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This role is different from a Relevant Person’s Representative under the Deprivation of Liberty Safeguards for hospitals and registered care homes.

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What area does the service cover?

 

We provide our commissioned Rule 1.2 Representative service for South Tyneside and Gateshead Councils.

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Requests from other local authorities may be considered through a spot-purchase arrangement, subject to YVC’s capacity and agreement about funding.

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Who can make a request?

 

Professionals seeking a Rule 1.2 Representative should:

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• use the Rule 1.2 Representative referral form for a South Tyneside or Gateshead funded request

• use the spot-purchase request form for requests from other local authorities.

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The referral allows YVC to consider the request and confirm whether we can act. Confirmation from YVC does not itself appoint the representative; the appointment must be approved by the Court of Protection.

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Visit Make a referral to download the required referral form.

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If completing the form is difficult, call us on 0191 478 6472 or freephone 0300 303 1248. We can discuss what is happening and take the initial referral information by telephone or email when appropriate.

 

Further information

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• Visit our Resources page for information about advocacy.

• For advice about a referral, email mail@yvc.org.uk, call 0191 478 6472 or call freephone 0300 303 1248.

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