The role of a Paid Representative?

The Paid Representative's role is to:

• Visit the person deprived of their liberty on a regular basis

• Support the person to understand their DoLS authorisation and how it affects them

• Assist the person to exercise their rights should they wish to do so.

• Ensure any conditions attached to the authorisation are met and dealt with in a timely fashion 

• Call for a review of the authorisation where necessary, challenge the authorisation through local means where possible or ultimately support the individual to have access to the Court of Protection.

• Our Paid Representatives are independent from the care home or hospital as well as the Local Authority and Supervisory Body / DoLS team.

The supervisory body must appoint an RPR for every person to whom they give a standard authorisation for deprivation of liberty.

It is important that the representative is appointed at the time the authorisation is given or as soon as possible and practical thereafter. 

Should the IMCA identify any issues which are outside of our remit we will signpost to other relevant services to ensure our client’s needs and wishes are met.

Our RPPRs are independent from the care home or hospital and the Local Authority/ Supervisory Body.

When can a Paid Representative be appointed?

As soon as a request is made by the managing authority, if the relevant person has no appropriate family member or a friend (39A IMCA)

As part of the best interest’s assessment, friends, family members or other representatives of the relevant person must be consulted to see if they agree that the proposed care plan or course of treatment is in the best interests of the relevant person. If there is nobody to represent the relevant person other than a professional or paid carer, the managing authority must notify the supervisory body when it applies for deprivation of liberty authorisation. The supervisory body must then instruct a section 39A IMCA immediately to represent the person.

The IMCA must then be consulted during the best interests assessment and provide support to the relevant person (acting on their behalf, where necessary) during the whole assessment process.

If there is a gap between one paid representative leaving and the appointment of another one (39C IMCA)

A person who is being deprived of their liberty must have someone to represent their interests at all times. This is the role of the relevant person’s representative (RPR), usually a friend or family member, who should be consulted and informed about all matters relating to the care or treatment of their friend or family member while the authorisation lasts.

If the RPR has to give up their position for any reason, and a new RPR is not appointed immediately, the relevant person will be in a vulnerable position. In these situations, an IMCA must be instructed immediately to support the relevant person.

In such circumstances, the managing authority must notify the supervisory body, who must instruct a section 39C IMCA to represent the person, temporarily, until a new friend, family member or professional representative is appointed. 

Once the authorisation has been granted, if the relevant person does not have a paid representative, they or their representative can request an IMCA (39D IMCA)

Both the person who is deprived of liberty under a standard authorisation and their unpaid representative (RPR) have a statutory right of access to an IMCA under section 39D (39D IMCA).

If a relevant person or their unpaid representative requests such advocacy support, the supervisory body must instruct an IMCA

For more information, please contact our advocacy department on

                           01656 649557

                           imca@mhmwales.org