The Relevant Persons 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.

To be appointed as a Relevant Person Representative (RPR), a person must:

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

Usually, a Relevant Persons Representative (RPR) is a family member or friend of the relevant person.

Occasionally, a professional can be appointed to fulfill this role (known as a paid RPR). For example, a family solicitor. Usually this only happens when there is no family member or friend able or willing to act. Appointing a professional is permitted, so long as, in addition to the above criteria the Best Interests Assessor is satisfied that the professional:

1. Has satisfactory skills and experience to perform the role; and
2. Is not a family, member or friend of the relevant person; and
3. Is not prohibited from working with vulnerable people.

When appointing a person to act as a Relevant Person's Representative in a professional capacity, the supervisory body has the power to pay them for carrying out the role if they choose to do so.

If the relevant person has capacity to select their own Relevant Person's Representative, they must be permitted to do so if they want to.

If the person lacks capacity to make this decision, it can be made by either of the following, so long as they have the authority to do so:

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

To support the Deputy or donee, the Best Interests Assessor (BIA) should provide information to them about the RPR role and about who is prohibited from acting. They must also ensure that the person chosen by the Deputy or donee is appropriate.

Note: In making their decision, the Deputy of donee can select themself to be the Relevant Person's Representative if they deem this in the person's Best Interests. Making this decision does not have any impact on the powers or authority they hold under the Deputyship or Lasting Power of Attorney.

In all other cases, the BIA is responsible for recommending to the supervisory body who the Relevant Person's Representative should be. In making this decision, the BIA must be satisfied that the RPR they recommend is not prohibited from acting, will maintain contact with the relevant person and will be able to support them and represent them in all matters relating to the authorisation.

If there is no suitable RPR

If there is no obvious person able or willing to appoint as the Relevant Persons Representative (RPR), or there is likely to be a delay in doing so, the supervisory body must appoint a Section 39C Independent Mental Capacity Advocate (IMCA) to act as a paid Relevant Person's Representative until such time as an appropriate Relevant Person's Representative is appointed.

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 by the Best Interest Assessor.