Independent Advocacy, RPR, IMCA Flashcards
What does RPPR stand for?
Relevant Person’s Paid Representative
What is Independent Advocacy? (6 things)
- Helps people say what they want
- Helps secure peoples rights
- Represents their interests
- Obtains services they need
- Promotes social inclusion, equality and social justice
- Partners with clients they support
What can an advocate do?
- Speak on behalf of people unable to do so
- Stand up for the client and take their side
- Listen to someone and try to understand their point of view.
- Offer the client support to tell others what they want.
- Help someone to understand the choices available to them.
- Enable the client to have control over their lives.
- Support the client to self-advocate if they are able to do so.
- Secure client’s rights and represent their interests
What can’t an advocate do? (10 things)
- provide advice to clients
- decide what is best for clients
- solve all a clients problems
- act as a mediator between relevant person’s and others
- be a friend
- be a care and support worker
- act as a witness
- break bad news to a client on behalf of a professional
- agree with everything the client says and does
do everything the client asks them to do
What is a RPR?
The maintain regular contact with the relevant person under a DoLS and represent them in all relevant matters.
What is an RPR Necessary under?
Deprivation of Liberty Safeguards (DoLS)
Is someone in need of an RPR deemed to have mental capacity?
No, they are under a DoLS and not deemed to have capacity
What can RPR’s do? (6 things)
- appeal against DoLS authorisation (challenge 21a)
- request a review
- ensure least restrictive practices are in place
- uphold their human rights
- raise safeguarding concerns
- be involved in any best interest decisions
Who can be an RPR?
- someone 18 years or older
- someone able to maintain regular contact with the relevant person
- someone willing to be appointed
Who cannot be an RPR?
- someone financially interested in the relevant persons managing authority (e.g. care home)
- a relative of a person with financial interest in the relevant persons managing authority
- be employed by or providing services to the care home the RP is living in
What is done during an RPR visit?
Speak to the RP - are they happy and settled? what are their thoughts about their placement? do they have any concerns?
Speak to staff - any changes to their care? any increase in restrictions? any concerns? any falls, accidents, incidents or safeguarding concerns? any objections?
Look through their care plan - is everything up to date?, are all of their needs being met?, any increase of restrictions? any objections? any falls, accidents, incidents or safeguarding concerns?
Look through daily notes and medical records - any trends or objections, concerns
Look at MAR chart - are they being given their medication and on time
Raise any concerns with home staff if necessary
Ensure conditions of the DoLs are being met
Look at any incident forms, body maps etc
Raise safeguarding concerns with ASC if necessary
What is a 21a challenge?
any one under a DoLS authorisation has the right to have their arrangements reviewed by a court of tribunal.
If someone is objecting clearly and consistently, the RPR can make an application to the court of protection
All objections should be documented in care plan
last resort - try getting the out into the community more, decorating their room, bringing personal items from home, visit a few times to see if they are consistently objecting, solicitor then contacted to come and meet them and represent them
What is an IMCA 39A?
instructed when no standard authorisation is in place and the individual has no one appropriate to consult
- a request may have been made for a standard authorisation
- a best interest assessor has been appointed the check if they are unlawfully being deprived of their liberty
What happens with an IMCA 39A visit?
speak to the client - are they happy, settled
check the restrictions and if they are being deprived of their liberty - if so is it lawful and proportionate to minimise risk
look at care plans
speak to staff
write a report to the DoLS team
What is an IMCA 39D?
Only available when a standard authorisation is in place and the person has an unpaid RPR.
We help the RPR understand their role and rights under the role, what authorisation is and how long it lasts, the conditions of that authorisation
Must be instructed when:
1. the RP ask for the support of an IMCA 39D
2. the RPR asks the supervisory body for the support of an IMCA 39D
3. the supervisory body believes the RP or RPR would benefit for their support
How can care homes help?
- allow us to speak to the RP
- allow us to look through
- necessary documents and plans
provide us with an update on their care health and concerns - keep us updated about falls, incidents, accidents or safeguarding concerns
- inform us if they have gone to hospital
- involve us in any best interest discussions
- inform us if any objections are made
- allow us to visit the RP at anytime wherever possible
- contact DoLS team if there are any concerns and the person does not have anyone appropriate
What is non-instructed advocacy?
when a person lacks the capacity to instruct an advocate
the advocate seeks to uphold the persons rights, ensure fair and equal treatment and access services, make certain decisions taking into account all relevant factors which must include the persons preferences and perspectives.
