Assisted Decision-Making (Capacity) Act 2015

47.

Complaints in relation to decision-making representatives

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.