What is the role of a Rule 1.2 Representative?

Understanding the Rule 1.2 Representative

The Rule 1.2 Representative is appointed to represent individuals who are, or may be, deprived of their liberty in settings such as supported living arrangements, family homes or other community-based environments. Their primary responsibility is to ensure that the individual's views, wishes, and rights are effectively communicated to the Court of Protection. They also ensure the support plan for the person is proportionate and in their best interests. This ensures that decisions made about the individual's care and treatment are in their best interests and comply with legal standards.

Key responsibilities of a Rule 1.2 Representative

1.    Advocating for the individual's wishes: The Rule 1.2 Representative gathers information about the individual's preferences, values, and past wishes to present a comprehensive view to the Court of Protection. More information can be found via NHS Sussex.

2.    Ensuring legal compliance: They ensure that any deprivation of liberty is in accordance with the law, specifically the Mental Capacity Act 2005 and the Human Rights Act 1998.

3.    Supporting the Court process: The representative assists in the preparation and presentation of evidence to the Court, ensuring that the individual's rights are upheld throughout the legal proceedings.

4.    Monitoring care arrangements: They may also be involved in reviewing the individual's care arrangements to ensure that they remain appropriate and that any restrictions are the least restrictive necessary.

Who can be a Rule 1.2 Representative?

The Court of Protection considers various factors when appointing a Rule 1.2 Representative. While there are no formal restrictions on who can act in this role, the individual must be "suitable and willing" to represent the person's best interests. Typically, this could be a family member, friend, or someone who knows the individual well and is not involved in delivering their care or managing their finances. This independence helps ensure that the representation is unbiased and focused solely on the individual's best interests. NHS Sussex

Importance of the Rule 1.2 Representative

The appointment of a Rule 1.2 Representative is crucial in ensuring that individuals are not unlawfully deprived of their liberty. It provides a mechanism for independent oversight and advocacy, ensuring that decisions made are in the individual's best interests and that their rights are protected throughout the process.

Uphold Advocacy's commitment

At Uphold Advocacy, we are dedicated to promoting your rights and choices. Our team provides comprehensive advocacy services, including the appointment of Rule 1.2 Representatives, to ensure the persons voice is heard and their rights are maintained.

Our services include:

·      Statutory Advocacy Services: Providing legal advocacy to ensure individuals' rights are upheld.

·      SEN Support: Assisting individuals with Special Educational Needs in navigating educational settings.

·      Lay Advocacy: Supporting individuals in expressing their views and making informed decisions.

·      Complaints Advocacy: Helping individuals raise concerns and complaints effectively.

·      Instructed Advocacy: Acting on behalf of individuals who have given instructions regarding their advocacy.

·      Non-statutory Advocacy: Providing support outside of statutory requirements to ensure individuals' voices are heard.

Referrals and contact information

Referrals for Rule 1.2 Representative services can be made by local authorities or Integrated Care Boards. To make a referral or to discuss a case, please call us on 01432 345 748 or visit our contact page.

Richard Morris, Director at Uphold Advocacy, confirms: “The Rule 1.2 Representative role is integral to ensuring that those who cannot speak for themselves are still heard. Our advocacy service is here to make sure that every individual is given the care, respect, and dignity they deserve.”

The role of the Rule 1.2 Representative is vital in safeguarding the rights of individuals who may be deprived of their liberty. Uphold Advocacy are committed to ensuring that these individuals have a voice and that their rights are upheld.