Complaints

Under the new law, we will be able to review and investigate complaints about decision supporters and decision support arrangements. This section provides information about the types of complaints we can investigate and our complaints process.

The Decision Support Service will be able to review and investigate complaints about decision supporters and decision support arrangements. There are specific grounds for complaints. This includes, for example, where the decision supporter is not doing their job properly, or when they are helping with decisions that are not included in the decision support arrangement.

Any person will be able to make a complaint about the following decision supporters:

  • Decision-making assistant

  • Co-decision-maker

  • Decision-making representative

  • Designated healthcare representative

  • Attorney

When we receive a complaint, we will review it to see if we need to investigate it further. If we think the complaint is well founded, we may ask the court to take certain actions. In some circumstances this may mean removing the decision supporter from their role.

Who can make a complaint?

Any person will be able to make a complaint to us about a decision supporter or a decision support arrangement.

How to make a complaint

Any person will be able to make a complaint to us about a decision supporter or a decision support arrangement. If you have any difficulty in making a complaint, please get in touch with us. When we receive a complaint, we will review it to see if we need to investigate it further.

Read more about How to make a complaint

Complaints about a decision-making assistant

Any person will be able to make a complaint to us about a decision-making assistant. Complaints must be for one of the following reasons:

  • a decision-making assistant is helping with decisions that are not included in the agreement
  • a decision-making assistant is trying to make decisions on behalf of the person
  • a decision-making assistant is unable to perform their functions and responsibilities
  • fraud, coercion or undue pressure was used to get the person to make the agreement
  • the decision-making assistant is no longer eligible to perform in the role
  • the decision-making assistant is ill-treating or neglecting the person

Complaints about a co-decision-maker

Any person will be able to make a complaint to us about a co-decision-maker.

Read more about Complaints about a co-decision-maker

Complaints about a decision-making representative

Any person can make a complaint to us about a decision-making representative. must be for one of the following reasons:

  • the decision-making representative is making, or is trying to make, decisions that are not included in the court’s decision-making representation order
  • the decision-making representative is not suitable for the role
  • the decision-making representative is disqualified or is no longer eligible for the role
  • the decision-making representative is ill-treating or neglecting the person

Complaints about a designated healthcare represenative

Any person will be able to make a complaint about a designated healthcare representative. Complaints must be for one of the following reasons:

  • the way a designated healthcare representative is using or proposing to use their power
  • a designated healthcare representative is no longer eligible to perform in the role
  • a designated healthcare representative is disqualified from acting in the role
  • a designated healthcare representative is ill-treating or neglecting the person

Complaints about an Attorney

Any person will be able to make a complaint about an attorney. Complaints must be for one of the following reasons:

  • an attorney is making, or is trying to make, decisions that are not included in the agreement
  • an attorney is unable to perform in the role
  • an attorney is not a suitable person for the role
  • fraud, coercion or undue pressure was used to get the person to make the enduring power of attorney
  • the person did not understand the implications of making the enduring power of attorney
  • an attorney is ill-treating or neglecting the person

What happens after we have received a complaint?

When we receive a complaint that is within our remit, we will try where possible to resolve it informally. The informal resolution process is provided by our trained staff and aims to help those involved to agree a solution. If no solution is found, the complaint will be investigated.

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