THE number of formal complaints made by members of the public against States Members more than doubled last year.
Nineteen new cases were brought to the Privileges and Procedures Committee for review in 2024, 58% more than the 12 lodged in 2023, according to the States Complaints Panel annual report that was published last week.
Nine further cases were carried over from 2023 for review last year, and 24 informal complaints were made.
Of the grievances Islanders took up with the board, which is chaired by Geoffrey Crill, most were directed towards the Health Department and Children and Families (CYPES), with four cases each.
The others spanned a wider variety of government offices, including Planning, Justice and Home Affairs, the Chief Minister’s Department, Infrastructure and Environment, Treasury, Customer and Local Services (CLS), and Education.
Of those complaints—reviewed independently to internal government complaints procedures—three were taken to a hearing with the complainant and respective minister or department, the highest level of Panel scrutiny.
All of the complaints taken to hearings were upheld, meaning they were based on sufficient grounds of governmental failure or error.
The issues related to the Chief Minister, Health and Social Services, and the Environment Minister.
Reported widely at the time, the complaint against Chief Minister’s Department was based on the Jersey Lifeboat Association’s suspension in 2021—which the Board described as “excessive, unjust and oppressive” at the hearing last June.
Former chair of the search-and-rescue charity, Ben Shenton, had raised concerns about the way the suspension was treated when the JLA’s activities were frozen by Ports of Jersey in December 2021, after its all-weather vessel Sir Max Aitken III hit rocks near Noirmont Point a month earlier while the crew was on its way to help a French yacht.
Although the charity’s operating licence was eventually reinstated in May 2023, the suspension came under heavy criticism from Mr Shenton, who argued there was “no legal or factual basis” to freeze either of its vessels in the first place.
Mr Shenton also took issue with—among other things—the Ports of Jersey-commissioned report on the accident by Marico Marine.
Outlining its findings, the complaints board said it had concerns about the way the document was published and deemed that the Harbourmaster’s decision to commission the report was “without appropriate statutory or delegated authority.”
Responding to the board’s findings at the time, Deputy Farnham said it was “a matter of regret” that the disagreements between the JLA, Ports of Jersey and the government had continued “for a protracted period”, and that matters “were not dealt with as swiftly or effectively as they could have been.”
Deputy Farnham added on the conclusion of the complaint process, that “progress has been made to ensure the JLA remains a core asset in local search and rescue operations.
“I am sorry that this series of events has caused so much concern and disruption,” he said.
Although the numbers of cases the Panel reviews are fairly small, 2024 did see the largest increase in the number of hearings since 2022.
Moreover, six complaints made last year have been carried over into 2025.
Commenting on the work of the Panel last year, Mr Crill acknowledged the busy period members had in terms of caseload and administration, after steps were taken to review and improve its complaint processes.
In his foreword, he also explained that the Panel welcomed ten new members in 2024, a new caseworker, as well as the appointment of Andy Hunter as new vice-chair following the retirement of Chris Beirne.
The expansion comes following a hiatus in establishing a public-sector ombudsman—agreed in the States seven years ago but now in question by the Chief Minister.
The deferment of the decision in how Jersey deals with public complaints—which would have seen the States Complaints Panel abolished—is being reviewed for proposal to Deputy Farnham this summer.
Repeating his want for an independent complaints Panel while the matter is under review, Mr Crill said: “The one factor that will make an independent complaints process worthwhile is a fundamental acknowledgement by Government that it will—subject to reasonable provisos—be bound by the outcomes of that process and will give proper consideration to its recommendations.”
“Only by that acknowledgement will the public have faith in the complaints system, and, ultimately, in Government itself.”
