The relevant person's representative (RPR) and IMCAs under DoLS

What is a relevant person's representative?

The relevant person is the person under DoLS. Their representative, the RPR, keeps in touch with them and speaks up for them while they're deprived of liberty. The role gives representation that's independent of whoever commissions and provides their care (DoLS Code 7.2).

Every standard authorisation must have one. The council appoints the RPR as soon as practicable after granting it, and again whenever there's a vacancy (Sch A1 para 139). There's no RPR under an urgent authorisation, which is one reason an IMCA matters at that stage.

What does an RPR do?

• Keeps in contact, face to face. The hospital or home should allow visits at reasonable times (DoLS Code 7.25).
• Represents and supports the person in everything to do with the authorisation (para 140).
• Asks for a review whenever things change (para 102(3)).
• Complains on the person's behalf, through the hospital's, home's or council's procedures (DoLS Code 7.2).
• Applies to the Court of Protection under s21A, without needing permission (s50(1A)). See section 21A.
• Acts in the person's best interests, as the MCA requires of anyone acting for them (DoLS Code 7.3).

The RPR gets copies of the authorisation, the assessments and the written information the person is given (paras 57, 59, 135). They're told about reviews, suspension and the end of the authorisation.

Who can be a relevant person's representative?

The BIA must confirm the proposed RPR is eligible, whoever chose them (DoLS Code 7.14). An RPR must be (DoLS Code 7.6):

• 18 or over, able to keep in contact with the person, and willing to do it.
• Not financially interested in the care home or hospital, as a partner, director or major shareholder, nor a relative of someone who is.
• Not employed by, or providing services to, the care home where the person lives.
• Not employed by the hospital, or the council, in a role connected with the person's care or case.

An attorney or deputy can be the RPR if they meet these criteria (DoLS Code 7.7). The RPR needn't be the nearest relative under the MHA, and needn't support the deprivation of liberty (DoLS Code 7.8, 7.17).

How is an RPR chosen and appointed?

1. The BIA asks whether the person has capacity to choose their own representative. If they do and they pick someone eligible, the BIA must recommend that person (DoLS Code 7.12).
2. If not, a welfare attorney or deputy with the authority can choose (DoLS Code 7.13).
3. Otherwise the BIA weighs who the person would want, trusts and is comfortable with, and who'll keep in touch and represent them well (DoLS Code 7.15-7.16).
4. The BIA can't select someone the person, or their attorney or deputy, isn't content with (DoLS Code 7.18).
5. If the BIA can't recommend anyone, the council appoints a professional RPR, who may be paid (DoLS Code 7.19-7.20).
6. The council appoints in writing, for the length of the authorisation, usually on Form 5. The RPR confirms in writing that they accept and understand the role (DoLS Code 7.23-7.24).

Family RPRs and conflicts of interest

A close relative is often the right choice. But in AJ v A Local Authority [2015] EWCOP 5, the court warned that a relative who arranged a move into a placement may find it hard to challenge it. BIAs and councils should scrutinise those appointments carefully (ADASS forms guidance).

The key duty is support for a challenge. If the person shows, in words or actions, that they want to challenge the authorisation, the RPR must help them bring it to court quickly. That applies even if the RPR thinks the placement is in their best interests. If you doubt a candidate would do that, don't select them.

Paid relevant person's representatives

Where nobody suitable is available, the council selects someone who'll act in a professional capacity. They need the right skills and experience, a criminal record certificate, and no connection with the person's care or case. The council may pay them, often through an advocacy provider (DoLS Code 7.19-7.20; para 151).

A paid RPR provides the advocacy themselves, so there's no s39D IMCA alongside them (s39D(1)(c); DoLS Code 7.37).

IMCAs under DoLS: sections 39A, 39C and 39D

The council instructs all three, using Form 11. A s39A IMCA's role ends when an RPR is appointed, except that they can still challenge in court after taking the RPR's views into account (para 161). The person or RPR can ask for a s39D IMCA more than once (DoLS Code 7.40). For IMCAs generally, see IMCAs and the Court of Protection.

Monitoring the RPR

If the RPR isn't keeping in touch, the person may lose access to their review and court rights. The hospital or home should record contact, raise concerns with the RPR first, then tell the council (DoLS Code 7.27-7.28).

After AGNI, DHSC asks councils to make sure independent advocacy and an appointed RPR continue where they apply, even while they review their caseloads.

When does an RPR's appointment end?

• The authorisation ends, and no further one is requested or given.
• The person objects, if they have capacity, and chooses someone else.
• A welfare attorney or deputy objects, within their authority, and chooses someone else.
• The RPR is no longer willing or eligible.
• The RPR isn't keeping in touch, isn't representing them effectively, or isn't acting in their best interests.
• The RPR dies.

The council should talk to the RPR before ending an appointment for poor contact or best interests (DoLS Code 7.29-7.30). Form 8 gives the RPR a date to respond. The council must then appoint a replacement as soon as practicable, with a s39C IMCA covering the gap if there's nobody else to consult (para 139(2)-(3); DoLS Code 7.34). Reviews matter more while there's no RPR (DoLS Code 7.36).