Confidentiality

Information collected about a matter

The Guardianship Tribunal makes decisions based on information provided to it by family members, friends, doctors and others. This includes information from written reports or letters or information provided verbally to the Tribunal.

Information provided to the Tribunal is used only for the purposes of the Tribunal hearing, for determining applications and for undertaking reviews. Only where necessary for the administration and execution of the Guardianship Act is relevant information provided to those who need to know it in the best interests of the person with the disability. Otherwise, information provided to the Tribunal is not disclosed. This is the requirement of Section 101 of the Guardianship Act (link at end of page).

Confidentiality at Tribunal hearings

Tribunal hearings are open to the public. However, in practice, only people who are directly involved in a case come to the hearing. If anyone else attends the hearing, the Tribunal will ask, as a matter of policy and courtesy, the person the hearing is about and the other parties whether they have any objection to that person being at the hearing. However, it is up to the Tribunal to determine whether it should close the hearing to the public.

In the Guardianship Act 1987, it is forbidden to publish or broadcast any information about the Tribunal's hearing or the person the hearing is about without the Tribunal's consent. People at the hearing should not release information about the case to anybody who does not have a legitimate right to know about it.

After the hearing, the Tribunal will provide written reasons for its decision. These reasons are only provided to the parties to the case and are not available to the public.

If the Tribunal decides to appoint a guardian or financial manager for a person, then the Tribunal may provide information, such as reports, to the guardian or financial manager so they can make informed decisions for the person.

If the application is about you

If someone has made an application to the Tribunal about you, the Tribunal will send a letter advising the hearing date, time and location and a copy of the application to the applicant with an instruction to give these documents to you. A copy of the application will also be sent to the other parties to the hearing, such as your spouse or carer.

You have the right to contact the Tribunal to talk about anything that is raised in the application. If you are worried about talking about something at the hearing, contact the Tribunal staff member who is looking after your case and talk about your concerns.

The Tribunal staff member responsible for the case writes a report or hearing summary sheet about your case for the hearing. You will be given a copy of it to read when you arrive for your hearing. You have the right to talk to the Tribunal about anything mentioned in the report.

There are strict guidelines about releasing information. The Tribunal will only release information about you to people who need to know that information in your best interests. For example, if the Tribunal appoints a guardian for you, then the Tribunal will release some information to the guardian if it is needed to make decisions for you.

Information from applicants

If you have made an application to the Tribunal, the Tribunal will confirm in writing that it has been received. The Tribunal will send a copy of the application to the person the application is about as well as to the other parties, such as the person's spouse or carer.

The Tribunal cannot accept anonymous applications. If you think someone needs a guardian or financial manager but you do not want to make the application, then you should telephone the Tribunal enquiry service for further advice.

The application cannot be kept a secret from the person the application is about. What you write in the application will be seen by the person the application is about and the other parties to the hearing.

If you want to include information in the application but have concerns about the information being shared with others, you should telephone the Tribunal enquiry service for further advice before you complete the application and send it to the Tribunal.

Information from doctors/professionals

The Tribunal regards medical and professional reports as very important.

Reports from medical specialists of a person's mental capacity help the Tribunal to make its decision about whether a person can make decisions for themselves. Other professional reports may give information about how a person is coping with daily living and whether they need a guardian or financial manager to help them manage.

You should be aware that:

In some situations, a professional may have concerns about a report being provided to anyone other than the Tribunal itself. If so, before providing the report, the professional should contact the Tribunal staff member who is looking after the application and talk about their concerns. However, you must appreciate that the Tribunal's overriding duty is to conduct its proceedings fairly.

Information from family/friends/others

If you are the relative or friend of the person who may need a guardian or financial manager, you may want to provide your opinions. A Tribunal staff member may contact you and ask you about your views about the application. Family and friends often know the person the best and their views are extremely helpful for the Tribunal.

If you are giving information to the Tribunal, you should be aware:

If you want to provide the Tribunal with information but have concerns about the information being shared with others, contact the Tribunal staff member dealing with the application. However, you must appreciate that the Tribunal's overriding duty is to conduct its proceedings fairly.

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