Abuse Redress Measure 2025

7 Application on behalf of child

(1) An application for redress may not be made under section 3 or 6 by a person aged under 18 but may instead be made by a person aged 18 or over appointed as an appropriate adult for that person by the redress body in accordance with the rules.

(2) Where an appropriate adult has not been appointed for a person aged under 18 but that person nevertheless purports to make an application under section 3 or 6—

(a) the application is paused pending the appointment of an appropriate adult under subsection (1), but

(b) if the redress body decides in accordance with the rules that it is not feasible to make an appointment for that person, the application does not continue to proceed.

(3) Where an application under section 3 or 6 is made by a person appointed as an appropriate adult for a person aged under 18 but the person reaches the age of 18 before the application is determined, the appointment ceases to have effect when that person reaches that age.

(4) A person appointed as an appropriate adult for a person aged under 18 must act in that person’s best interests in relation to the application for redress.

(5) In the case of a person aged 16 or 17 who lacks capacity to bring an application for redress under section 3 or 6, this section does not affect the power of a person who has authority to do so under the Mental Capacity Act 2005 to make the application for that person.

(6) And where that person reaches the age of 18 before the application is determined and lacks capacity to proceed with the application, this section does not affect the power of a person who has the authority to do so under that Act to proceed with the application for that person.

(7) References in subsections (5) and (6) to lacking capacity are to be read with the Mental Capacity Act 2005.