11.1 The role of an informal representative is to facilitate the person’s involvement, support the person to express their wishes and feelings, weigh up their options, make their own decisions and where necessary represent them.
11.2 The council must agree that anyone who wishes to act as an informal representative is appropriate to do so. When reaching its decision, the council will consider the matters in paragraphs 11.3 to 11.5 over page.
11.3 The council must be satisfied that the informal representative consents to take on the role and:
- is willing, available, able and competent to take on the responsibility of the role
- knows the person and what is important to them well enough to be able to support and represent them
- is able to set aside their own views and interests
- has the ability to understand care and support or safeguarding processes when these are explained to them
- will challenge any decisions that do not promote the person’s wellbeing
11.4 The council will not agree to representation by anyone who:
- provides the person with care or treatment in a professional capacity or on a paid basis. This is prohibited by the Care Act. The person’s GP, nurse, key worker, care and support worker or anyone (including family members) being paid through a direct payment to provide care and support are all examples of people who cannot act as the informal representative
- is implicated in any enquiry of abuse or neglect, or
- has been judged by a Safeguarding Adults Review to have failed to prevent an abuse or neglect
11.5 The council will not agree to informal representation unless it is satisfied that:
- the conditions set out at paragraphs 11.3 and 11.4 are met and
- the person to be represented consents to the proposed arrangements, or if the person lacks capacity or is not competent to consent, arrangements are in their best interests
