RPRs must have regular, face-to-face contact with the person being deprived of their liberty, to ensure that their interests are being safeguarded. This means that the hospital or care home where the person is staying (the managing authority) should allow you to visit them at reasonable times. As the RPR, your name should be recorded in the person’s health and social care records. If you have insuf?cient contact with the relevant person for whatever reason, they may not have full opportunities to have their case reviewed or to appeal against their deprivation of liberty to the Court of Protection.
As an RPR, you have a legal duty to comply with the Mental Capacity Act Code of Practice.
Managing authorities and supervisory bodies (local authorities or NHS bodies) should keep you informed about sources of support and information available to help you in your role, including how to access the support of an Independent Mental Capacity Advocate (IMCA).
As soon as possible after a standard deprivation of liberty authorisation is given, the managing authority must make sure that both you and the relevant person understand:
- the effect of the authorisation
- the formal and informal complaints procedures that are available to both of you
- your right to request a review
- your right to make an application to the Court of Protection to challenge the the Deprivation of Liberty authorisation.
- your right, where the relevant person does not have a paid ‘professional’ representative, to request the support of an IMCA.
The role of an RPR ends when relevant person’s authorisation comes to an end.
In cases where no friend or family member is willing or eligible, a paid representative will be appointed. Their role is the same as an unpaid RPR.