What is a Rule 1.2 Representative?

A Rule 1.2 Representative speaks up for a person who lacks capacity to consent to restrictions on their freedom, when they are or may be deprived of their liberty in a community or domestic setting.

If the Court of Protection authorises the deprivation of liberty, the Rule 1.2 Representative will:

• Visit the person regularly to ask their views and wishes and see that they are being cared for well
• Check that the treatment and care provided is the least restrictive of their basic rights and freedom
• As far as possible, help the person to understand their authorisation and how it affects them, and support them to exercise their rights if they want to do that

If necessary, the Rule 1.2 Representative may request a review of the authorisation or make an application to the Court of Protection to get the authorisation changed or ended. For example, this may be necessary if the person’s needs change, or the authorisation is not being followed properly. Even when someone can’t tell the Rule 1.2 Representative what they want, the Rule 1.2 Representative will use a range of approaches to establish their views and wishes as far as possible and secure their rights.