What Is Community DoLS?
What does a Rule 1.2 Representative do?
Who Can make a Rule 1.2 representative Referral?
What Is Community DoLS?
A Community Deprivation of Liberty arises when a person who lacks mental capacity is under continuous supervision and control and is not free to leave their home or supported living environment. In these situations, authorisation must be granted by the Court of Protection.
These safeguards are designed to ensure that any care and support arrangements are lawful, necessary, and the least restrictive option.
A Rule 1.2 representative is appointed to support individuals through this process, ensuring their rights are protected and their voice is central to every decision.
Community Deprivation of Liberty Safeguards (DoLS), often referred to as “Community DoLS,” apply when a person who lacks mental capacity is under continuous supervision and control and is not free to leave. This can include people living in:
- Supported living
- Shared lives placements
- Their own home with care arrangements
- Other community care settings
Unlike standard DoLS in care homes or hospitals, these arrangements must be authorised by the Court of Protection. The purpose of this legal safeguard is to ensure that any restrictions placed on a person are necessary, proportionate, and represent the least restrictive option available, while remaining firmly in their best interests.’
What does a Rule 1.2 Representative do?
Independent Rule 1.2 representation helps ensure that:
- The person’s rights under the Mental Capacity Act 2005 are respected
- Restrictions are, and remain, necessary and proportionate and are documented and evidenced
- The individual’s wishes, feelings and needs are properly considered
Our Rule 1.2 representatives support individuals subject to CoPDoL processes to ensure their views, wishes, and rights are properly represented.
A Rule 1.2 representative can speak up for the person and monitor the deprivation or liberty and assess whether the level of support and restrictions in place continue to be in the person’s best interests.
A rule 1.2 Representative will
- Meet with the person deprived of their liberty to understand their wishes and feelings
- Help explain the legal process in an accessible way and determine if and how they wish to be involved in the application process.
- Gather information about the person’s views, preferences, needs and background
- Write a witness statement to inform the CoPDoL application
- Visit the person for the duration of the CoPDoL
- Review paperwork such as Mental Capacity Assessments, Care and Support plans and Best Interest Decisions
- Work with legal representatives and professionals involved in the case
- Ensure the person’s rights and freedoms are properly considered
- Monitor the appropriateness of restrictions and consider whether they remain proportionate
Who Can make a Rule 1.2 representative Referral?
Referrals are typically made by professionals involved in care and support planning, including:
- Local authority staff
- Social workers
- Integrated Care Board staff
