This consultation seeks your views about proposed changes to that legislation.
The process allows people aggrieved by decisions, or acts, that are made and done by States' departments and committees to apply to the Chief Executive of the States of Guernsey (or HM Greffier in respect of complaints against the Policy Council) for a review of that act or decision.
The Chief Executive has the role of receiving each request from a complainant, investigating the complaint thoroughly by requesting any relevant documentation pertaining to the complaint from both the complainant and the Department; and finally deciding whether there are sufficient grounds for the complaint to be referred to the Review Board's Panel of Members for further enquiry. If he finds that the facts of the matter does justify a review, the Panel will then convene a Review Board (comprising 2 un-conflicted States Members and the Dean of the Douzaine) to hear the complaint in a public hearing. The Review Board has the power under the Law to ask the department to reconsider its original decision or action which has given rise to the complaint. Should the Review Board remain dissatisfied with the Department's actions, it has the power to refer the matter to the States of Deliberation.
The purpose of the process is to ensure that Islanders' interest are safeguarded from departments acting unreasonably and unfairly.
The Law was enacted in the absence, at the time of a judicial review system, such as existed in the UK, to provide a solution tailored to Guernsey's consensus based system of government. The Policy Council is of the view that the Law should be repealed in the future and be replaced with a fully independent Ombudsmen-type service, operating at arm's length of government. In the meantime, the Policy Council is proposing the following changes to the Law, as described in the introductory paragraph to each question in the survey. Subject to the outcome of this consultation and States' decision, the proposals aims to make the Review Board process:
- more independent
- fairer for all stakeholders;
- more accountable and stable; and
- more fit for purpose.
The Policy Council will be taking its proposals to the States in March 2016. Your views on these proposals are important and will inform the final proposals.
Updated: January 2016
