Complaints Commission
WHAT YOU NEED TO KNOW ABOUT THE COMPLAINTS COMMISSION
CORE VALUES
There are four core values that the Commission abides by, they are: –
Confidentiality
The Commission believes in ensuring that its business is conducted in the most professional and confidential manner and without the possibility of compromise.
Integrity
The Commission seeks to ensure that all its activities are carried out with high levels of professionalism, trust, honesty, and concern for the rights and feelings of all.
Independence
The Commission operates with autonomy and with absence of control from Government or political or other parties.
Impartiality
The Commission shall always hold true to the practice of neutrality and objectivity to arrive at the truth and not seek to take sides in any investigation.
IMPORTANT THINGS TO KNOW ABOUT THE COMMISSION
In an effort to aide and carry out its mandate, there are eight very important and factual things that you need to know about The Complaints Commission:-
- Access to the Commission is at no cost to the public.
- The Commission advocates integrity.
- The Commission advocates fairness.
- The Commission cares and listens.
- The Commission investigates complaints against Public Authorities & Statutory bodies.
- The Commission is independent.
- The Commissions is impartial.
- The Commission is transparent.
What is the Complaints Commission?
The Complaints Commission is one of the four independent Commissions established by the Montserrat Constitution order 2010.
What does the Complaints Commission do?
The Commission seeks to promote good governance and respect for the rule of law by fairly and independently investigating complaints of maladministration within the public service and the breach of human rights.
Who forms the Complaints Commssion?
The Commission is comprised of three members who are referred to as Commissioners. As per the Complaints Commission act, there should be a Chairman and two members. The current members of the Commission are:
Mr George Kirnon – Chairman
Mr Julian Daniel – Member
Mr Leslie Sweeney – Member
What can one complain about?
A person who feels that he or she has suffered an injustice arising from an act of maladministration or a breach of a human right.
Who can make a complaint?
Any person within or outside of the Public Service, who feels that he or she has suffered an injustice arising from an act of maladministration or a breach of a human right by a public officer, within or outside of the public service. Public Officers include employees of statutory authorities.
What is a maladministration complaint?
As defined by the Complaints Commission Act, maladministration means inefficient, bad or improper administration and without prejudice to the generality of the forgoing, includes
(a) unreasonable conduct, including delay, discourtesy and lack of consideration for a person affected by any action;
(b) abuse of any power, including any discretionary power, or authority including any action which —
(i) is unreasonable, unjust, oppressive or improperly discriminatory or which is in accordance with a practice which is or may be unreasonable, unjust, op- pressive or improperly discriminatory; or
(ii) was based wholly or partly on a mistake of law or fact;
(c) unreasonable, unjust, oppressive or improperly discriminatory procedures;
What is a human rights complaint?
The Complaints Commissions states that a human rights complaint means a complaint of a breach or infringement of a right or freedom referred to in Part I of the Constitution. Three examples of human rights, which are stated in the Constitution are:–
(a) The Right to privacy
(b) The right to be protected from discrimination
(c) The right to freedom of expression.
Therefore any of these rights which are breached, within the meaning of the constitution, can form the subject of a complaint to the Complaints Commission.
When does one make a complaint?
A complaint is made when all other options or procedures are exhausted.
How do you make a complaint?
Any person who wishes to make a Complaint to the Commission may do so in writing on an application form obtainable from the Secretariat (#1 Farara Plaza, Brades) or its website (ccs.montserrat@gmail.com).
For further details on how a complaint is handled upon receipt kindly contact the Secretariat. (See contact details at the end of the brochure)
A Publication of the Constitution & Commissions Secretariat
Brades
MSR1110 Montserrat
Tel: (664) 491 3195 or 491 2195
E-mail: mni.complaints@gmail.com
Website: www.complaints.ms