Discretion not to deal with an agent

While a client has the right to appoint any individual or organisation as their agent, in certain circumstances it may be appropriate for the Ministry of Social Development not to deal with their chosen agent.

The discretion not to deal with a client's chosen agent must be exercised in a reasonable and fair manner, and be for a fully justifiable reason. Examples of where it may be relevant include:

• the agent chosen by the client is their 12 year old child (if the child is acting as interpreter you should suggest they contact the translation line)
• the agent has had a trespass notice issued against them, prohibiting them from being present in Work and Income, Senior Services or Housing Assessment offices

If you decide not to deal with a client's chosen agent, you must inform the client of this. This would preferably occur at the start of the agency, however if you become aware of valid reasons why Work and Income, Senior Services or Housing Assessment should not deal with the agent after they have already been appointed, it would still be appropriate to inform the client of this. You will also need to make notes in the client's CMS record, including:

• the name of the agent and
• the reasons why you have determined Work and Income, Senior Services or Housing Assessment should not deal with the agent