What is a Rule 1.2 Representative? (Previously a 3A Representative)

A Rule 1.2 Representative is someone who can consider from the perspective of an individual's best interests whether they agree or do not agree that the Court of Protection should authorise their package of care and support, resulting in a deprivation of their liberty. When the individual has no appropriate family an advocate may be appointed as the Rule 1.2 Representative.

Background

In July 2015 the rules governing Deprivation of Liberty applications to the Court of Protection were changed for non-controversial cases the court was asked to address.

As a result of the Cheshire West ruling in 2014, the court has been inundated with applications to authorise people’s deprivation of liberty in community/domestic settings. To respond and meet the demand of the applications coming into the court arena it developed a streamlined paper procedure known as Re X to deal with the vast amount of cases being brought to the court.

As a result of the Re X streamlined procedure this introduced the concept of a ‘Rule 1.2 Representative’ (previously a Rule 3A Representative).

Dewis CIL Rule 1.2 Representatives

Dewis CIL advocates can act as Rule 1.2 Representatives. This is currently a chargeable service and requires a spot purchase authorisation form to be completed by the referrer along with the referral form.

Our key responsibilities would be to:

• Weigh up the pros and cons of the individual's care and support package
• Compare this with other options
• Consider whether any of the restrictions proposed are unnecessary or inappropriate
• Informing the court of the individuals views regarding the care and support package
• Checking that the care and support package is being properly implemented

Make a Spot Purchase referral