Court of Protection: Maladministration
The question
To ask the Secretary of State for Justice, what avenues of redress are available to family members who believe there has been maladministration in the handling of a deputyship case.
Answered by Alex Davies-Jones
Family members who believe there has been maladministration in the handling of a deputyship case have several avenues of redress.
The Office of the Public Guardian (OPG) is responsible for supervising deputies and will investigate concerns raised about a deputy’s conduct or the way they are carrying out their duties. These investigations are undertaken to ensure that the deputy is acting in the best interests of the person lacking capacity and fulfilling their responsibilities in line with the authority set out in their court order.
Separately, the OPG’s internal complaints process allows individuals to challenge the OPG’s own administrative handling of a case. Once internal processes are complete, if a customer remains unhappy, concerns may be referred to the Parliamentary and Health Service Ombudsman via a Member of Parliament.
Where an issue relates to a judicial decision, such as the making or discharging of a deputyship order, this must be addressed through the Court of Protection. Complaints about the professional standards of a deputy may also be taken to the relevant regulatory body.
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