Legal Eagle: ‘Deprived of their liberty’ – explanation and guidance on seeking advice


Background to the Deprivation of Liberty Safeguards (DoLs): Every person has a right to liberty under the European Convention of Human Rights. However, there are scenarios where a person can be deprived of their liberty following legal authorisation. A person is considered to be deprived of their liberty if they have been placed in an environment they are not free to leave and where they are under constant supervision. Such a person does not have to object to their placement in order to be considered as deprived of their liberty. The DoLS is the legal framework that authorises a deprivation of liberty in a hospital or care home.
How does an RPR come into this? Every person who is subject to a DoLS has a Relevant Person’s Representative (RPR) appointed to them.
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Hide AdAn RPR is an independent person who represents a person who lacks capacity and is being deprived of their liberty. They are there to meet with the individual and take into consideration their views.
An RPR ensures that the relevant person has their voice and opinions heard even though they have been deemed to lack capacity. Should a person frequently object to being in a placement, their RPR is under a duty to bring s.21a Court of Protection proceedings. It is important to note that being able to display objections to a placement does not need to be in the form of words. Objection can also be displayed through actions or behaviours.
Who can be appointed as the RPR? – There are three requirements for someone to be able to act as an RPR: 1. They are over the age of 18; 2. Able to continue frequent contact with the relevant person; 3. Willing to be appointed for this role.
An RPR is sometimes a person known to the relevant person, such as a friend or family member. However, in some instances, where a known relative may be unwilling or unable to take on such a responsibility, a paid representative can be appointed.
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Hide AdAn RPR must be able to act in the relevant person’s best interests at all times. This includes considering things such as the relevant person’s past wishes and feelings, their values and beliefs, views of people important to them, and any other factors that may be seen as important to take into account. An RPR is appointed to protect the relevant person’s rights and promote their best interests.
Ben Hoare Bell LLP has specialist Court of Protection solicitors who can help with issues surrounding the Court of Protection.
To speak to a solicitor, please contact us on 0191 275 2626 or email at [email protected].