THE incoming government needs the “backbone” to establish a public services ombudsman swiftly, a couple has said after learning their long-standing complaint will not be heard by the States Complaints Board.
Paul and Sally Wood have been battling government officials for around eight years regarding noise and smells emanating from St Peter’s Technical Park.
The couple, who live next to the site, have urged the government and the Planning Department to ensure businesses and services operating there abide by the conditions first set when the park’s development was approved in 1984.
They have previously contended that “excessive noise” and “awful smells” are among nuisances impacting their home life and health, something they say became most apparent after the hospital’s catering unit was transferred to the park in 2017.
Towards the end of last year it emerged that the couple had cited a number of senior States Members – including the Chief Minister – in a formal complaint alleging a failure to appropriately investigate and address the matter.
They have since been informed by the States Greffe that Complaints Panel chairman Geoffrey Crill concluded that the case was not appropriate for a board hearing.
The letter – seen by the JEP – stated that: “The chair noted that the Environment Minister does have an obligation to consider whether a statutory nuisance is taking place and, if he makes such a finding, to issue an appropriate ‘stop notice’.
“However, he also notes that the minister has made due and reasonable enquiry on both of these counts. He concludes that the minister cannot do any more, unless a change of circumstances warrants renewed enquiry.”
The couple’s subsequent attempt to appeal the decision was also unsuccessful.
However, the Greffe noted that the deputy chairs of the panel had concluded that although it was deemed there is no merit in convening a hearing on this occasion, the government has a “duty of care in terms of any impact arising from the operation on residential amenities”.
It continued: “As such, they have taken the decision to jointly write to the Environment Minister to ask that the use of the site be actively monitored to ensure that best practice is followed and that no statutory nuisance which would warrant enforcement action arises.”
Mrs Wood said that, though the couple was not in a financial position to take the matter to court, they would continue to raise it with politicians.
Noting the upcoming election, she added that: “There are some people who have said ‘yes, we want to try and help you’.”
Mrs Wood also described the situation as “a number one case study to prove why we need an ombudsman”.
The States Assembly agreed in principle in 2018 that – subject to further research – such a role should be established to replace the Complaints Board.
A review by Deputy Moz Scott published earlier this year concluded that that a public services ombudsman would “help embed a culture of timely, effective complaint resolution, reducing escalation, complexity and unnecessary costs, which would provide strong social value, improve delivery standards and help public services to meet public expectations”.
Mrs Wood said: “I would like to think that somebody would have the backbone to say we need to get this done and we need to get it done now.
“It’s been far too long, kicked into the long grass.”
