Questions and answers

The Complaints Commission is one of the four independent Commissions established by the Montserrat Constitution Order 2010. It promotes good governance and respect for the rule of law by fairly and independently investigating complaints of maladministration in the public service and breaches of human rights.

Its role is similar to that of an ombudsman elsewhere in the Commonwealth Caribbean.

Yes. In exercising its functions, the Commission is not subject to the direction or control of any other person or authority.

The one exception is that the Governor may, in writing, direct the Commission to inquire into and report on a matter that could be complained about.

No. Under section 26 of the Complaints Commission Act, no one has to pay a fee for a complaint, or for any mediation or investigation.

The Commission has three members: a Chairman and two other members, appointed by the Governor acting on the advice of Cabinet for two to four years. At least one must be an attorney-at-law of at least 15 years’ standing at the bar.

Meet the current members of the Commission.

The Commission is administered by the Constitution & Commissions Secretariat of the Office of the Legislature, at #1 Farara Plaza, Brades. The Secretariat receives complaints and arranges hearings on the Commission’s behalf.

Any member of the public, inside or outside the public service, who feels they have suffered an injustice because of maladministration or a breach of a human right. This includes public servants and people held in custody at Her Majesty’s Prison.

Public officers include employees of statutory authorities.

The Complaints Commission Act defines maladministration as inefficient, bad or improper administration in the Government of Montserrat’s public service. It includes:

• unreasonable conduct, including delay, discourtesy and lack of consideration for a person affected by any action;
• abuse of any power or authority, including any action which is unreasonable, unjust, oppressive or improperly discriminatory, or which was based wholly or partly on a mistake of law or fact;
• unreasonable, unjust, oppressive or improperly discriminatory procedures.

A complaint that a right or freedom set out in Part 1 of the Montserrat Constitution Order 2010 has been breached or infringed. Examples include:

• the right to privacy;
• the right to be protected from discrimination;
• the right to freedom of expression;
• the right to freedom of assembly and association.

Government ministries and departments, public officers, and public authorities. A public authority is a body whose members are mostly appointed by the Governor, or whose funds come wholly or mainly from public money.

The Commission’s Manual gives examples, including the Public Service Commission, the Elections Commission, the Integrity Commission, Montserrat Customs and Revenue Services, Montserrat Social Security, the Montserrat Port Authority, the Financial Services Commission and Radio Montserrat (ZJB).

Complaints should normally be made within one year of the incident, or of the facts coming to your attention. The Commission may decide not to investigate if you knew about the matter more than a year before you complained, so explain any delay on the form.

Yes. A complaint is normally made once other options and procedures have been tried. At the preliminary inquiry the Commission will ask whether you have exhausted them.

If you are a public servant and the matter could normally be resolved through the public service grievance procedure, the Commission will usually expect you to use it first. Using the grievance procedure does not stop the Commission from considering a matter that is within its jurisdiction.

In writing, on the Commission’s complaint form. You can complete the form online, or download it and email it, post it or hand it in to the Constitution & Commissions Secretariat.

Make a complaint or see how complaints are processed.

A complaint is normally made by the person affected. If that person has died or cannot act for themselves, it can be made by their personal representative, a member of their family, or another suitable person. A complaint for a company or other organisation must be authorised by it.

The complaint form has a section for anyone making a complaint on someone else’s behalf.

Your name and address are normally needed. The Commission may decide not to investigate a complaint that is anonymous or whose complainant cannot be identified or traced, although it can choose to consider one. Your details are kept confidential.

Yes. You cannot be sued for making a complaint or giving information to an investigation unless you acted in bad faith (section 35 of the Act).

It is an offence to threaten, intimidate, harass or harm anyone because they have complained or given information to the Commission (section 36).

Yes. Under section 37 of the Act, a person held in custody can ask the officer holding them for facilities to prepare a written complaint, and to have it posted to the Commission in a sealed envelope without undue delay.

No. The Act does not apply to:

• judges, magistrates or the functionaries of any court;
• the deliberations and proceedings of Cabinet, the Legislative Assembly or any of its committees;
• the Attorney General, the Director of Public Prosecutions or the Auditor General when exercising a power given to them by the Constitution.

The Commission cannot look into:

• action taken under any law on extradition or fugitive offenders;
• action taken to investigate crime or protect the security of Montserrat;
• the start or conduct of civil or criminal proceedings before any court, or any international court or tribunal;
• action on appointments, removals, pay, discipline, pensions or other personnel matters in the public service or a public authority;
• a request for an appeal outside the period allowed by law;
• action taken by someone acting as a legal adviser or counsel.

It will not question the policy behind a Minister’s decision. Where a court remedy or a right of appeal exists, it normally will not investigate, unless it is satisfied it is not reasonable to expect you to use it. If it becomes evident that a corrupt act has taken place, the matter is reported to the Governor.

The Commission can investigate:

• when someone complains in writing that they have suffered an injustice through a breach of a human right or through maladministration;
• in any other case where it considers that a person or group may have suffered such an injustice — it can act on its own initiative;
• where any other law gives it the power to.

It may make preliminary inquiries first. It may decide not to investigate if, for example:

• you knew about the matter more than one year before complaining;
• the complaint is anonymous, or you cannot be identified or traced;
• the complaint was not made by the person affected or someone entitled to act for them;
• you do not have a sufficient interest in the matter;
• the complaint is trivial, frivolous or vexatious, or not made in good faith;
• a substantially similar complaint has already been investigated and no breach or maladministration was found.

Once an investigation has started, the Commission can decide whether to continue or discontinue it.

Yes. Where a complaint involves no, or only a minor, breach of a human right or maladministration, the Commission may ask a mediator to deal with it (section 17 of the Act). Taking part is voluntary and anyone can withdraw at any time. If mediation does not succeed, the complaint is treated as if it had not taken place.

The Commission has the powers of the High Court to summon witnesses, to require them to give evidence on oath and to produce documents. It can enter and inspect the premises of any Department of Government or public authority, and examine, copy and keep copies of documents there.

Investigations are held in private. Lawyers do not have a right to appear, but the Commission may allow it.

Yes. The Commission cannot summon the Governor or a Minister, or require them to answer questions about a matter under investigation, although it may consult them. Its powers to obtain information do not extend to the proceedings of Cabinet or its committees.

The Commission may, in the public interest, start or continue an investigation even if the complainant withdraws the complaint.

The relevant Department of Government or public authority receives the report, with the findings of fact, the Commission’s opinion and its reasons. The Governor and each member of Cabinet also receive a copy. You are kept informed and receive the findings and recommendations at the end.

Yes. If it finds that someone has suffered an injustice because of a breach of a human right or maladministration, it includes recommendations in its report. It can ask the department or authority to say, within a set time, what steps it will take, and can set a time within which the injustice should be put right.

Where maladministration is found, the Commission may also make recommendations aimed at improving the public service.

If no adequate action is taken within a reasonable or specified time, the Commission may send a special report to the Governor. The special report must be laid before the Legislative Assembly within three months of the Governor receiving it.

Yes. After 30 June each year the Commission must give the Governor a report on its work, which is laid before the Legislative Assembly within three months.

Read the Annual Report 2013–2020.

Yes, if you are a supplier who bid or tendered for a Government contract and you say you have suffered, or are likely to suffer, loss or injury because of a decision, action or breach of the Procurement Regulations by a procuring entity.

1. First ask for a review: by the Chairman of the Procurement Board for a decision of a procuring entity (such as a Ministry), or by the Financial Secretary for a decision of the Procurement Board. They must resolve it or give a written decision within fourteen days.
2. If you are still aggrieved, appeal to the Commission in writing within ten days of receiving that decision.
3. The Commission obtains the records of the procurement and gives its written decision, with reasons, within fourteen days of receiving the appeal.