Montserrat Constitution Order 2010 · section 105

About the Commission

The Montserrat Complaints Commission is one of four independent Commissions established by the Montserrat Constitution Order 2010. It is fully independent and is not subject to the control of any individual or group.

Established by
Constitution, s.105
Governing law
Complaints Commission Act
Began work
February 2013
Members
Chairman and two members
Fees
None

Our mission

Encouraging the fair resolution of complaints

Our mission is to encourage the resolution of human rights complaints, maladministration complaints and other complaints prescribed by law, and to assist in their resolution, by providing an independent, fair and accessible process for resolving them.

The Commission considers complaints about the Government of Montserrat and its public authorities. Its role is akin to that of an ombudsman elsewhere in the Commonwealth Caribbean.

The Commission is assisted in its work by the Constitution and Commissions Secretariat.

If you believe you have been affected by maladministration in the Government service, or by a human rights issue in Montserrat, particularly within the last year, you are encouraged to contact the Commission.

What the Constitution says

105. Complaints Commission

(1) There shall be a Complaints Commission for Montserrat, the composition, functions, operation and procedure of which shall, subject to this section, be prescribed by or under an Act of the Legislature.

(2) The functions of the Complaints Commission shall include, without prejudice to the jurisdiction of any court of law, encouraging the resolution of human rights complaints, maladministration complaints and other complaints prescribed by law, and assisting in their resolution, by providing an independent, fair and accessible process for resolving them.

(3) In the exercise of its functions the Complaints Commission shall not be subject to the direction or control of any other person or authority, subject to subsection (4).

(4) The Governor may, in writing, direct the Complaints Commission to inquire into, and report to him or her in relation to, a matter that can be complained about in accordance with subsection (2), and the Complaints Commission must comply with any such direction.

(5) In this section—

“human rights complaint”
means a complaint of breach or infringement of a right or freedom referred to in Part I of this Constitution; and
“maladministration complaint”
means a complaint of maladministration in the government of Montserrat.
Montserrat Constitution Order 2010, Part IX (Public Standards), section 105 Read the Constitution

Our core values

Four values guide everything the Commission does.

  • Confidentiality

    The Commission conducts its business in the most professional and confidential manner, without the possibility of compromise.

  • Integrity

    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, free from the control of Government, political or other parties.

  • Impartiality

    The Commission holds to neutrality and objectivity to arrive at the truth, and does not take sides in any investigation.

How the Commission is made up

The Commission has three members, appointed by the Governor acting on the advice of Cabinet.

Members
3
A Chairman and two other members.
Legal expertise
15 years
At least one member must be an attorney-at-law of at least 15 years’ standing at the bar.
Term
2 to 4 years
Members are appointed for between two and four years.
Quorum
2
Two members are needed for a quorum at any meeting.

Fees and confidentiality

No fees

There are no fees for the work of the Commission, whether for an investigation into a complaint or for mediation.

Confidentiality

Confidentiality is very important to the Commission, and the Complaints Commission Act requires secrecy from everyone connected in any way with its work.

There are circumstances in which the Commission is not required to maintain secrecy, such as where there is evidence that a crime has been committed. It may also need to disclose a reasonable amount of information to establish the grounds for its conclusions and recommendations.

Constitutional guidelines

Alongside the membership rules above, the Constitution and the Complaints Commission Act provide that:

  • No one is appointed unless the Governor is satisfied that they are a person of high public standing with a reputation for personal integrity.

  • The Chairman and members receive remuneration determined by the Legislative Assembly in accordance with section 97 of the Constitution.

  • Subject to section 105(4) of the Constitution, the Commission is not subject to the direction or control of any other person or authority in exercising its functions.

Reports of the Commission

The Commission may produce several reports in a year: a report on each case it investigates, an annual report and, where necessary, a special report.

  • Case reports

    When an investigation ends, a report sets out the findings of fact, the Commission’s opinion and its reasons, with recommendations where someone has suffered an injustice. It goes to the department or authority concerned, the Governor and each member of Cabinet.

  • Special reports

    If no adequate action is taken on its recommendations within a reasonable or specified time, the Commission reports to the Governor. The report is laid before the Legislative Assembly within three months.

  • Annual reports

    After 30 June each year, the Commission gives the Governor a full report on its work during the financial year. It is laid before the Legislative Assembly within three months.

The Commission over time

  1. 27 September 2011

    The Constitution comes into force

    The Montserrat Constitution Order 2010 establishes the Complaints Commission in section 105.

    S.I. 2010 No. 2474

  2. 2012

    The Complaints Commission Act is enacted

    The Act sets out the Commission’s composition, jurisdiction, powers and procedures.

    Act 19 of 2011, amended by Act 19 of 2012

  3. February 2013

    The Commission begins its work

    The Act comes into force on 4 February 2013 and the Commission commences operations.

    S.R.O. 11/2013

  4. 2019

    Procurement appeals

    The Commission is given jurisdiction to hear appeals from decisions of the Procurement Board.

    Public Finance (Management and Accountability) (Procurement) Regulations 2019, reg. 47

  5. April 2022

    First Annual Report published

    Covering February 2013 to June 2020: 29 complaints received under the Act, 15 of which were investigated.

  6. July 2022

    Commission Manual published

    A plain-language guide to the Commission’s purpose and how to make a complaint.

  7. September 2022

    Outreach initiative

    The Commission meets the Premier and Cabinet, Permanent Secretaries, the Public Service Commission, Internal Audit and the Civil Service Association.

  8. February 2026

    The Commission reconvenes

    A newly appointed Commission, chaired by Miss Chivone Gerald, begins its work.

Think the Commission could help you?

Answer six short questions to check, then make your complaint online or on paper.