Article 3 Persons who may make a complaint

(1)

Subject to paragraphs (2) and (3), the persons who may make a complaint are—

(a)

in relation to a complaint about a matter mentioned in article 2(1)(a)—

(i)

the child or young person in respect of whom a function mentioned in article 2(1)(a) has been or ought to have been exercised; or

(ii)

a parent of that child or young person;

(b)

in relation to a complaint about a matter mentioned in article 2(1)(b)—

(i)

the child in respect of whom a function mentioned in article 2(1)(b) has been or ought to have been exercised; or

(ii)

a parent of that child.

(2)

Where an individual mentioned in paragraph (1) wishes another person to make a complaint on their behalf, that other person may do so if the individual mentioned in paragraph (1) gives their consent.

(3)

Where an individual who might have made a complaint by virtue of paragraph (1) has died or is for any reason unable to act, a complaint may be made by—

(a)

any person in respect of whom consent as mentioned in paragraph (2) was given before the individual’s death or inability to act;

(b)

the individual’s personal representatives or a member of the individual’s family; or

(c)

any other person suitable to represent the individual.