Fairness and decision making

Part of providing service to clients is making sure that the processes we follow, the services we provide, and the decisions we make are fair.

A fair process means that the person making the decision is not biased. An unbiased decision maker means that the person who makes the decision is impartial and makes the decisions based on the facts and information available to them. It also means that the person making the decision cannot have (or appear to have) a personal connection to the situation or a personal interest in the outcome. A fair process also means that clients have been given the opportunity to participate in the decisions that affect them. Participation means that clients have been given notice of the decisions made and the chance to provide information. Further, decisions should be made in a timely manner and clients should receive clear and meaningful reasons for a decision.

A fair service means that people feel heard and are treated with respect and courtesy. PGT employees will be honest and open and make information available. We also respect client privacy by keeping things confidential. If we make a mistake, we will apologize and look to fix the error made where possible.

Decisions are made according to:

• The law
• PGT policy and procedure
• Information we have collected
• Each client’s unique needs and circumstances

Making a complaint

The Public Guardian and Trustee (PGT) addresses all client complaints raised by clients, their families, client appointed advocates or other individuals who are involved with clients. We work to continuously improve our services and support our staff to resolve concerns.

Requesting a formal review of a decision

Part of the Public Guardian and Trustee (PGT) service to clients is making sure the processes we follow, services we provide, and decisions we make are fair. If you continue to have concerns at the conclusion of the complaints process and you have received a response in writing from the executive director of the division where you are being served, you may ask for a further review of the decision through our formal process.

Fairness principles

Decisions and reviews of decisions made by the PGT are guided by the principles of fairness. These include:

• People are treated with respect and courtesy
• Staff are honest and open and share information wherever possible
• Decisions are made without bias and staff follow the rules (policy, procedure and practices) that apply
• Staff give clear and meaningful reasons for decisions to the people that are affected so they can understand how and why a decision was made
• Notice of the decisions is given, to allow for the opportunity to provide further information
• Decisions are made in a timely manner
• Confidentiality and privacy are maintained
• Mistakes are acknowledged and we will look to fix errors made where possible

How decisions are made

Decisions are made according to the law, PGT policy and procedure, information we have collected and each client’s unique needs and circumstances.

Who can request a review through this formal process?

You may request a review if you are a PGT client, or you receive PGT services (for example, beneficiary under a trust, administrator or executor of an estate).

You may also request a review if you have the legal authority to act on behalf of a client of the PGT. For example, you are the parent or guardian of child or youth being served by the PGT, or you are the private committee for a vulnerable adult.

If you are someone else other than a client or someone with the legal authority to act on behalf of a client, you may request a review. However, we will consider your complaint to be submitted on your behalf, not on behalf of the client. The PGT will not be able to share the client’s personal information with you but we can provide information about our decision making process.

When to request a review

You may request a review if you meet the above criteria about who can request a formal review and all of the following are also true:

• You disagree with a decision that has been made
• You have described the reasons why you disagree with the decision
• You have discussed the matter with the executive director of the division that delivers service to you or the person you represent and you have received a written response from the executive director providing a full explanation that outlines the reasons for the decision

What cannot be considered under this process?

This process does not apply to situations that are before a court or other legal proceeding.

The review process

A review of a decision is a formal process by a committee chaired by the Deputy Public Guardian and Trustee. Here’s an outline of the review process:

1. We will notify you that your request has been received and tell you when to expect a response
2. The Review Committee reviews your request and makes a recommendation to the Deputy Public Guardian and Trustee regarding your concerns
3. The Deputy Public Guardian and Trustee considers the recommendation and makes the final decision. The Deputy Public Guardian and Trustee may decide to:
   • Confirm the original decision
   • Reverse the original decision
   • Alter the original decision
4. We will notify you in writing of our final decision

To request a review, please complete the Requesting a Formal Review of a Decision Form (PDF, 141KB).

Please provide us with all of the relevant information you have available to you and please be specific about your concerns. We will contact you if we require additional information which may extend the timeline for completing the review.

You have three options for submitting your completed application form:

1. Mail: Review Committee, c/o Deputy Public Guardian and Trustee, 700-808 W Hastings Street Vancouver, BC V6C 3L3
2. Fax: 604-775-0207
3. Email: mail@trustee.bc.ca

If you have any questions about the review process or about completing the application form, please contact us at mail@trustee.bc.ca.

Timelines

We respond in writing within 60 days of receiving your application and determining that it is eligible for consideration by the review committee. You will receive a letter confirming that your application has been received and the date you can expect to receive a written reply.

Privacy and confidentiality

We are committed to maintaining the confidentiality and security of client information. The collection, use and sharing of personal information must follow B.C. laws. Information is only shared with others when it is in the client’s best interest. For example, when it is important to meet the client's needs, some financial information may be shared with health care providers or involved family. This only happens when it is necessary to provide support to the client or for the PGT to carry out its duties. We always consider the client’s wishes and situation.

What to do if you are not satisfied with the decision

If you feel the matter is not resolved after the review is complete, you can contact the Office of the B.C. Ombudsperson.

Freedom of information requests and privacy complaints

The Public Guardian and Trustee (PGT) provides access to records and responds to privacy complaints under B.C.’s Freedom of Information and Protection of Privacy Act (FIPPA). FIPPA gives the public a right to access records in the custody or control of public bodies, such as the PGT.

Making a Freedom of Information request

If you want to access PGT records, you can make a Freedom of Information (FOI) Request (PDF, 165KB)

You can access your own personal information and general corporate records, subject to certain exceptions found in FIPPA. To see someone else’s personal information, you will need to provide either a copy of your legal authority to act for that person, or their legally valid authorization in writing.

To make a request, complete the Access to Records Request form and submit it to mail@trustee.bc.ca. Please provide as much detail as you can about yourself, the records you need and when you think those records were created. This helps us respond to your request as quickly and accurately as possible.

Processing your request and related timelines

• We gather the requested records and review them to see what we can disclose
• Normally, we respond and send records to you within 30 business days of receiving your request
• If your request is large or complex, or the records are hard to find, it may take up to 60 business days to respond and send records to you
• If we redact (remove) or withhold any part of the requested records, we explain why and what section of FIPPA requires us to withhold that information
• If any fees are payable, we send you an estimate in advance. You can decide whether to continue with your request. We require full payment of any fee before we release records to you
• Your records are uploaded to an encrypted password protected USB and sent to you by registered mail

Fees

We do not charge you for access to your own information, or that of someone you legally represent. Access to other information may be subject to a fee as set out in Schedule 1 of the FIPPA Regulation.

Privacy complaints

The PGT must handle all personal information in accordance with FIPPA. If you have a privacy or information handling complaint or concern, please contact us at mail@trustee.bc.ca or send it in writing to:​

PGT – Information Access
700-800 West Hastings Street
Vancouver, B.C. V6C 3L3

Please include a detailed description of your complaint, along with your name, address, phone number and email address. A PGT privacy representative will be in touch with you.