Advocacy for Community Deprivation of Liberty application / Rule 1.2 representative
A person living in the community who lacks capacity to decide about their support and accommodation and who is under constant monitoring and supervision and not free to leave by themselves. In these cases the local authority would make an application to the Court of Protection to authorise a community deprivation of liberty. During this process the person can have support from an advocate who would ensure that the person’s views and wishes around their support and accommodation are heard. The advocate would inform the person of the proposed deprivation of liberty and what this means. The advocate would need to view any care and support plan in place and complete a COP24 which forms part of the local authority’s Court application. The Court will then authorise the community DoL and usually appoint the advocate as rule 1.2 representative. The rule 1.2 representative would make regular contact with the person deprived of their liberty (frequency will be discussed with the local authority) and provide reports after each contact made.
We currently do not provide rule 1.2 representative advocacy as part of the contract but are happy to possibly take these on as spot purchase cases.
Spot Purchases can be made for services we do not provide, for example if the case is out of borough and the service is usually provided by a different provider.
If your usual provider doesn’t have capacity to take a case and you have confirmation of this, a request can be made to POhWER for a Spot Purchase. The Community Manager will confirm if POhWER has capacity to take the case and obtain approval. Timescales and billing will be agreed before work commences.