Q&As

When making an application using the streamlined process in Re: X (Deprivation of Liberty) [2014] EWCOP 25, what obligations are there on a local authority to commission a Rule 3A representative where there are no family members or friends willing or able to be a litigation friend?

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Published on: 07 November 2017
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All references to the Court of Protection Rules 2007 (COPR 2007), SI 2007/1744 in this Q&A are to COPR 2007 as amended by the Court of Protection (Amendment) Rules 2015, SI 2015/548.

If a person lacking capacity to consent to their care and treatment arrangements (referred to as ‘P’) needs to be deprived of liberty in a community setting, this must be authorised by the Court of Protection (the court). The COPR 2007 provide for the appointment of a ‘Rule 3A representative’ in uncontroversial cases where the deprivation of liberty is not being contested. Their role includes providing the court with information about P’s best wishes, commenting on P’s care plan, and maintaining contact with P on an ongoing basis.

A Rule 3A representative is normally a family member or friend. But in some

Tim Spencer-Lane
Tim Spencer-Lane

Tim is a lawyer at the Law Commission for England and Wales. He was responsible for the Law Commission’s review of the Deprivation of Liberty Safeguards under the Mental Capacity Act 2015. A final report, which included a draft Bill, was published in March 2017. Tim was previously in charge of the UK Law Commissions’ review of the regulation of health and social care professionals. This proposed a single legal framework for all the UK regulators including the GMC, NMC and HCPC. The final report, including a draft Bill, was published in 2014. Tim was also responsible for the Law Commission’s review of adult social care. The final report was published in 2011 and formed the basis of the Care Act 2014 and the Social Services and Well-being (Wales) Act 2014. He is the author of the Care Act Manual (Sweet and Maxwell) and a General Editor of the Encyclopedia of Social Services and Child Care Law.

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Jurisdiction(s):
United Kingdom
Key definition:
Local authority definition
What does Local authority mean?

The County, Unitary or london borough Council for a defined area.

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