The Relevant Persons Representative

1. The Relevant Person’s Representative Role

The main duties of the Relevant Person’s Representative are;

  1. To maintain contact with the relevant person;
  2. To represent the relevant person in matters relating to, or connected with the deprivation of liberty; and
  3. To support the relevant person in matters to, or connected with, the deprivation of liberty.

2. Appointing a Relevant Person’s Representative

The responsibility to appoint a Relevant Person’s Representative

The supervisory body must appoint a Relevant Person’s Representative as soon after a standard authorisation has been granted as is practically possible.

To enable this to be done in a timely way, the process of deciding who should be a Relevant Person’s Representative should begin as soon as a Best Interest Assessor is appointed.

The duration of the Relevant Person’s Representative role is the same as the period of the standard authorisation.

Who is permitted to be a Relevant Person’s Representative

A person can only be selected to be a Relevant Person’s Representative if they are;

  1. 18 years old or over;
  2. Able to keep in contact with the relevant person;
  3. Willing to be the Relevant Person’s Representative;
  4. Not a partner, Director, shareholder or other office holder in the care home or hospital where the relevant person is detained;
  5. Not employed by, employed to work in or providing services to the care home or hospital where the relevant person is detained; and
  6. Not employed to work in the supervisory body whose role it is to appoint the Relevant Person’s Representative.

Appointing a friend, family member or carer as a Relevant Person’s Representative

If the relevant person has capacity to choose a Relevant Person’s Representative

If the relevant person is deemed by the Best Interest Assessor (BIA) to have capacity to select their own Relevant Person’s Representative, they must be permitted to do so if they want to.

If the relevant person does not want to, or is unable to decide who should be their Relevant Person’s Representative, the Best Interest Assessor must recommend to the supervisory body who the Relevant Person’s Representative should be.

If the relevant person does not have capacity to choose a Relevant Person’s Representative

If the relevant person lacks capacity to choose a Relevant Person’s Representative the supervisory body must establish whether there is;

  1. A donee of a Lasting Power of Attorney with authority to make this decision; or
  2. A Deputy appointed by the Court with powers to make this decision.

If there is a Deputy or a donee able to make the decision they should be permitted to do so. The donee can select them self to be the Relevant Person’s Representative if they deem this in the person’s Best Interests.

The Best Interest Assessor must recommend to the supervisory body who the Relevant Person’s Representative should be when;

  1. The relevant person lacks capacity to make the decision and there is no donee or Deputy authorised to do so; or
  2. The relevant person lacks capacity and there is a donee or Deputy authorised but the donee or Deputy does not wish to make the decision.

In all cases

In all cases, the Best Interests Assessor is responsible for ensuring that;

  1. The relevant person, donee or Deputy is aware of those persons who are prohibited from acting as a Relevant Person’s Representative; and
  2. That the Relevant Person’s Representative the relevant person, donee or Deputy chooses is appropriate; and
  3. If the Relevant Person’s Representative is not appropriate advising the relevant person, donee or Deputy of this and inviting them to make another selection.

When the Best Interest Assessor is deciding who to recommend to the supervisory body as the Relevant Person’s Representative they must be satisfied that the person will;

  1. Maintain contact with the relevant person;
  2. Represent the relevant person in matters relating to or connecting with the authorisation; and
  3. Support the relevant person in matters relating to the authorisation.

Appointing others

If the supervisory body is notified by the Best Interest Assessor that there is no family member, friend or carer whom it would be suitable to appoint the supervisory body may select a person to act as a Relevant Person’s Representative in a professional capacity. This can be an IMCA (through section 39C) but could be another person, as long as they;

  1. Have satisfactory skills and experience to perform the role; and
  2. Are not a family, member or friend of the relevant person; and
  3. Are not a partner, Director, shareholder or other office holder in the care home or hospital where the relevant person is detained;
  4. Are not employed by, employed to work in or providing services to the care home or hospital where the relevant person is detained; and
  5. Are not employed to work in the supervisory body whose role it is to appoint the Relevant Person’s Representative.
  6. Are not prohibited from working with vulnerable people.

If there will be a delay in appointing a suitable person to act in a professional capacity as a Relevant Person’s Representative the supervisory body must instruct an IMCA until such time as an appropriate Relevant Person’s Representative is appointed.

When appointing a person to act as a Relevant Person’s Representative in a professional capacity (including as a section 39C IMCA) the supervisory body has the power to pay the Relevant Person’s Representative in carrying out their role if they choose to do so.

Where a Relevant Person’s Representative is also a Deputy or Donee of a Lasting Power of Attorney

The appointment to the role of Relevant Person’s Representative does not alter in anyway the role, power or authority of anyone already appointed as;

  1. A donee of a Lasting Power of Attorney,
  2. A Deputy appointed by the Court.

Notifying of the intention to appoint a Relevant Person’s Representative

The supervisory body must write to any potential Relevant Person’s Representative to offer them the appointment. The offer must state;

  1. The duration of the appointment;
  2. The duties of a Relevant Person’s Representative.

The appointment cannot begin until the Relevant Person’s Representative has formally accepted it in writing.

When accepted the supervisory body must send written confirmation of the appointment to;

  1. The appointed Relevant Person’s Representative;
  2. The relevant person;
  3. The managing authority of the care home or hospital;
  4. Any Deputy or donee of a Lasting Power of Attorney;
  5. Any IMCA appointed under section 37, section 39A, section 39C or section 39D; and
  6. Any interested person consulted with by the Best Interest Assessor.

3. Ending a Relevant Person’s Representative Appointment

If a Relevant Person’s Representative stands down or can no longer act

If, for whatever reason a Relevant Person’s Representative stands down, the supervisory body is responsible for appointing another Relevant Person’s Representative as soon as possible.

Terminating an appointment

The supervisory body must terminate the appointment with immediate effect when;

  1. The Relevant Person’s Representative dies;
  2. The Relevant Person’s Representative informs the supervisory body that they are no longer willing to act as a Relevant Person’s Representative;
  3. The standard authorisation ends;
  4. The relevant person objects to a person they appointed continuing to act as their Relevant Person’s Representative;
  5. A donee of a Lasting Power of Attorney or a Deputy objects to a person they chose continuing to act.

The supervisory body should also terminate the appointment when it believes that the Relevant Person’s Representative is no longer a suitable person because;

  1. They are not maintaining sufficient contact with the relevant person;
  2. They are not acting in the Best Interests of the relevant person; or
  3. The person is no longer permitted to act as a Relevant Person’s Representative under the Act.

The supervisory body must inform the Relevant Person’s Representative of the date that it intends to terminate the appointment and the reasons for doing so.

When the appointment is terminated written confirmation must be sent to;

  1. The relevant person;
  2. The managing authority of the care home or hospital;
  3. Any donee or Deputy;
  4. Any IMCA appointed under section 37, section 39A, section 39C or section 39D; and
  5. Any interested person consulted with by the Best Interest Assessor.

tri.x procedures