Section 17 Protected partiesI1

A complaint in which a child has a proper interest may not be made by the child but may instead be made by—

Where a person who has a proper interest in a complaint lacks capacity to make the complaint or has a disability, the complaint may be made by a person appointed as a litigation friend for that person.

Where the person who is the respondent to a complaint lacks capacity to act as such or has a disability, a person appointed as a litigation friend for that person may act as respondent to the complaint.

Subsections (2) and (3) do not affect the powers of a person authorised under the Mental Capacity Act 2005 to act for the person concerned.

The power to appoint a person as a litigation friend is exercisable at any time in accordance with the rules (except under subsection (1), where it is exercisable only before the complaint is made); and the power is exercisable—

It is the duty of a person appointed as a litigation friend for a person to act in that person’s best interests in relation to the complaint.

A person who is authorised by this section to make a complaint is to be treated for the purposes of section 15(1) as having a proper interest in the complaint.

A reference to having a proper interest in a complaint is a reference to having a proper interest in it by virtue of section 15(2)(g), (3)(e), (4)(d) or (5)(d).

“Parental responsibility” has the meaning given in the Children Act 1989.

A reference to lacking capacity is to be read with the Mental Capacity Act 2005.

“Disability” has the meaning given in section 6 of the Equality Act 2010.