Adult Social Care Glossary, v 0.6

In relation to a person who is, or is to be, a detained resident--

“relevant person” means the person in question;

(7) In this regulation-- 'relevant person' means the service user or, in the following circumstances, a person lawfully acting on their behalf--
(a) on the death of the service user,
(b) where the service user is under 16 and not competent to make a decision in relation to their care or treatment, or
(c) where the service user is 16 or over and lacks capacity (as determined in accordance with sections 2 and 3 of the 2005 Act) in relation to the matter;

“relevant person”, except in regulation 20, means the service user or, where the service user is under 16 and not competent to make a decision in relation to their care or treatment, a person lawfully acting on their behalf;

“relevant person” means the service user or, in the following circumstances, a person lawfully acting on their behalf--
(a) on the death of the service user,
(b) where the service user is under 16 and not competent to make a decision in relation to their care or treatment, or
(c) where the service user is 16 or over and lacks capacity in relation to the matter;

A person who is, or may become, deprived of their liberty in a hospital or care home.

In Regulation 20, "relevant person" means the person using the service or, in the following circumstances, a person lawfully acting on their behalf:
- When the person using the service dies.
- Where the person using a service is under 16 and not competent to make a decision in relation to their care or treatment, or
- Where the person using the service is 16 or over and lacks capacity to make decisions.

In Regulations 9, 11 and 17, "relevant person" means the person using a service and/or any person who must be consulted when providing person-centred care to a person using a service. Where an adult who uses a service lacks the capacity to make a decision about their care, this would include any person acting lawfully on their behalf under the Mental Capacity Act 2005, such as with authority given by an advance decision to refuse treatment, Lasting Powers of Attorney for health and welfare containing the relevant clauses, or a Court appointed Deputy. Where a person using a service is subject to the Mental Health Act 1983, it would include any person with the authority to determine care. Where a person using a service is under 16 and not competent to make a decision about their care, this would include any person with parental responsibility or other legal authority (such as a local authority having a care order), or other recognised family member, carer or advocate.