COMPLAINTS & FEEDBACKS

Guardianship Board's Complaints Procedures

1. The Guardianship Board is an independent statutory body empowered to make orders appointing guardians for adults who are unable to make decisions about their personal, medical or financial affairs because they have a mental incapacity. This paper sets out the procedures to be followed in case of a complaint is lodged against the employees, individual members or the Chairperson of the Guardianship Board.
2. Board's Powers
   • Under Part IVB of the Mental Health Ordinance (Cap 136) the Board makes:
     • normal guardianship orders;
     • emergency orders; 
     • reviews existing guardianship orders; 
     • gives directions to guardians as to the nature and extent of guardianship orders.
   • The Board also offers a telephone advisory service for the public seeking information on applying for guardianship. This is not legal advice but information to help the public decide whether he or she will apply or not.
3. Complaints against staff members of the Secretariat
   • If you are dissatisfied with the way your queries or your application was handled or processed by the staff member of the Secretariat, please send your complaint in writing to the Complaints Officer at the Guardianship Board's Secretariat.
   • We will reply to your complaint within 14 working days, or tell you why there is a delay in replying to your complaint within that time, and give you a date by which you will be likely to receive a full reply.
   • Then if you are not satisfied with the reply from the Complaints Officer, you may write to the Chairperson, who will handle disciplinary matters and complaints against staff members of the Secretariat.
4. Complaints against the Chairperson in his role as head of the Secretariat
   • You can write to the Chairperson directly about his management of the Secretariat.
   • The Chairperson will reply to your complaint within 14 working days, or tell you why there is a delay in replying to your complaint within that time, and give you a date by which you will be likely to receive a full reply. 
   • If you are dissatisfied with the Chairperson's response to your complaint, then your complaint will be forwarded to the Secretary for Labour and Welfare, the delegate on behalf of the Chief Executive, who appointed the Chairperson.
   • If the complaint is of serious nature and substantiated by evidence, a sub-committee, chaired by a representative of Labour and Welfare Bureau, will be set up to consider the complaint, and decide on further action, including referral to the Chief Executive. At the discretion of Labour and Welfare Bureau, members of the Guardianship Board may be co-opted into this sub-committee. 
5. Complaints against the Chairperson or a Board member in the role as a member hearing applications in relation to the decision made 
   • For legal reasons, the Chairperson, any staff member of the Secretariat, or any Board member cannot comment on complaints made about the Board's decisions made in individual cases, or evidence raised in such cases. Instead a party may consider further avenues as set out in paragraph 8 below.
   • However, the Chairperson will bring any such complaints to the attention of all Board members so that they are aware of the impact of their hearings and decisions on the parties or other persons involved, and they can see how to improve service delivery. 
6. Complaints against the performance of a Board member in hearing applications
   • If you have a complaint against a Board member about his or her performance as a member in the hearing, but not about the Board's decision on the application, you may refer such complaints in writing to the Chairperson.
   • The Chairperson will raise this complaint with the member, give him or her an opportunity to reply. The Chairperson will then reply to your complaint within 14 working days, or tell you why there is a delay in replying to your complaint within that time, and give you a date by which you will be likely to receive a full reply. 
   • If the complaint is one of serious nature and is substantiated by evidence, then the Chairperson will refer the matter to the Labour and Welfare Bureau together with his recommendation. That Bureau would consult the Chairperson, and other Members before deciding on further actions, including referral to the Chief Executive who can ultimately exercise discretion to remove a member from the Guardianship Board. 
7. Complaints against the Chairperson in the performance of his role as a presiding member hearing applications
   • You can write to the Chairperson directly about his performance as the presiding member hearing an application, but not about the Board's decision on the application.
   • The Chairperson will reply to your complaint within 14 working days, or tell you why there is a delay in replying to your complaint within that time, and give you a date by which you will be likely to receive a full reply.
   • If you are dissatisfied with the Chairperson's response to your complaint, then your complaint will be forwarded to the Secretary for Labour and Welfare, the delegate on behalf of the Chief Executive, who appointed the Chairperson.
   • If the complaint is of serious nature and substantiated by evidence, a sub-committee, chaired by a representative of Labour and Welfare Bureau, will be set up to consider the complaint, and decide on further action, including referral to the Chief Executive. At the discretion of Labour and Welfare Bureau, members of the Guardianship Board may be co-opted into this sub-committee.
8. Appeal from decisions of the Board 
   • If you are a party to an application, (but not a witness or family member who is not a party) you can appeal from the Board’s decision or judicially review the Board to the Court of First Instance.
   • If you think that there was some incorrect fact in an Order or the Reasons for Order, then the Secretariat can bring that to the attention of the members who decided the case, as there is some power to amend a minor error.

Feedbacks

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