The Children and Young People (Scotland) Act 2014 (Part 4 and Part 5 Complaints) Order 2016

Persons who may make a complaint

3.—(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.