Complaints on behalf of Another Person

This practice direction provides guidance on two issues:

  1. The information and declaration a Representative Complainant must give to the Tribunal when they file a complaint; and
  2. How a person can ask that the Tribunal remove a Representative Complainant.

Information and Declaration Required

A person who makes a complaint on behalf of another person [Representative Complainant] must, at the same time, file a letter with the Tribunal addressing the following:

  1. What is the nature of your relationship to the represented person?
  2. Do you have decision-making authority (e.g. as a legal guardian, or under a representation agreement). Attach any documentation.
  3. If you do not have decision-making authority, why are you bringing the complaint?
  4. If someone else has decision-making authority, you must give that person a copy of the complaint and tell them in writing that they may object to you bringing the complaint by writing a letter to the Tribunal. When and how did you do this?
  5. If the represented person is a child or youth, what is their age?
  6. If the represented person is an adult:
    1. Have they consented to you bringing the complaint?
    2. If they have not consented, why are they not capable of bringing the complaint independently or with adequate support and assistance? Attach any documentation.
  7. Are you an adult?
  8. You must declare that you:
    1. understand the nature of the proceeding;
    2. have no interest that conflicts with those of the represented person;
    3. will remain free of conflict of interest, and that where a conflict of interest arises, you will resign from your position as Representative Complainant; and
    4. understand and will comply with the obligations set out in the Tribunal’s Policy on Complaints on behalf of Another Person.

Application to Remove Representative Complainant

A person with decision-making authority regarding the represented person may ask the Tribunal to remove a Representative Complainant by writing a letter to the Tribunal.

A participant may apply to remove a Representative Complainant. An application must state the reasons for the request and how removal is necessary to protect the interests of the represented person.