Assisted Decision-Making (Capacity) Act 2015
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Complaints in relation to decision-making representatives | ||
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47. (1) A person may make a complaint in writing to the Director concerning one or more of the following matters: | ||
(a) that a decision-making representative has acted, is acting, or is proposing to act outside the scope of his or her functions as specified in the decision-making representation order; | ||
(b) that a decision-making representative is not suitable, having regard to the matters referred to in section 38 (5), to be a decision-making representative. | ||
(2) Following the receipt of a complaint under subsection (1), the Director shall carry out an investigation of the matter which is the subject of that complaint and— | ||
(a) where he or she is of the view that the complaint is well founded, make an application to the court for a determination in relation to a matter specified in the complaint, or | ||
(b) where he or she is of the view that the complaint is not well founded, notify the person who made the complaint of that view and provide reasons for same. | ||
(3) A person who receives a notification under subsection (2)(b) may, not later than 21 days after the date of issue of the notification, appeal a decision of the Director that the complaint is not well founded to the court. | ||
(4) The Director may, notwithstanding that no complaint has been received, on his or her own initiative carry out an investigation and make an application to the court for a determination in relation to any matter specified in subsection (1). | ||
(5) The court may— | ||
(a) pursuant to an application to it under subsection (2)(a) or (4), or | ||
(b) pursuant to an appeal under subsection (3), | ||
make a determination in relation to a matter specified in subsection (1) and may, if it considers it appropriate, determine that a decision-making representative shall no longer act as such in relation to the relevant person concerned. |