Guernsey complaints panel rejects two-thirds of cases with no formal procedures in place
- Guernsey Complaints Panel rejected 68% of 22 complaints received between 2019 and July 2026, with only two cases reaching a Review Board determination
- Panel operates without formal written policies, guidance, or training materials, relying solely on statutory law for decision-making processes
- No data recorded on critical procedural aspects including evidence requests, opportunities for complainant responses, or how disputed facts are handled
- Average processing time of 349 days (11 months) from receipt to closure, with data only available from 2022 onwards
- Review Boards have narrow remedial powers limited to requesting committees reconsider matters, unable to order specific remedies
The Guernsey Complaints Panel has operated without formal written policies or guidance since its creation in 2019.
It has rejected 68% of complaints brought against government bodies, a Freedom of Information response has revealed.
Between 2019 and July 2026, the panel received 22 complaints against various States committees. Of these, 15 were not referred to a Review Board, three were withdrawn or not pursued by complainants, two were determined by a Review Board, and two remain outstanding.
The FOI response confirms that no recorded policy, guidance, checklist, practice note, template, training material, internal procedure, or other recorded information exists for numerous critical decision-making processes. The panel relies solely on the wording in the Administrative Decisions (Review) (Guernsey) Law, 1986, to carry out its functions.
When panel members are appointed, they receive training based on the wording in the law, but this does not go into the detail of procedural questions such as how to proceed when material facts are disputed and evidence is offered, or whether to request or review evidence before accepting one party's account over another.
The panel does not record data on several critical aspects of its operations, including how many cases required requests for additional information from complainants, how often it requests substantive further information from committees after receiving their responses, or how many times complainants were given opportunity to respond to information provided by the complained-about body before a referral decision was made.
Data on processing times, available only from 2022 onwards, shows an average time from receipt to closure of 349 days (11 months), with a median time of 229 days (7.5 months).
Health & Social Care received the most complaints since 2022, with four directed at the body. Home Affairs and Policy & Resources Committee/Treasury each received four complaints, whilst Education, Sport & Culture received three (some jointly with other committees).
Only two complaints were referred to and determined by a Review Board, representing a 9% referral rate. Both determinations resulted in upheld complaints that were referred back to the relevant committees for reconsideration: one involving Environment & Infrastructure and another involving Health & Social Care.
One case had an unusual outcome. A complaint involving both Education, Sport & Culture and Health & Social Care was initially referred to a Review Board, but the Complaints Panel's decision was later quashed by Royal Court Judicial Review. The complainant did not pursue the matter further. This represents the only case in the dataset where a panel decision was successfully challenged in court.
The FOI response emphasises that the Complaints Panel serves as a filter to establish which complaints are suitable for consideration by a Review Board by applying statutory criteria. Officials state the panel does not investigate or make any findings of fact which bind the Review Board, nor does it decide any questions of law; it considers the facts as provided, subject to any relevant clarifications or requests for further information where the panel so decides.
The response clarifies that the Review Board's remedial powers are very narrow under section 7(3) of the law. The only remedy available is to request that the committee or person concerned reconsider the matter if the board finds the decision, act, or omission warranted review. The Review Board is unable to consider offering any further effective remedy beyond requesting reconsideration.
The Complaints Panel did not exist prior to 2019. Before that, the CEO of the States of Guernsey effectively carried out the role, which transferred to the Complaints Panel when the Administrative Decisions (Review) (Guernsey) (Amendment) Law, 2018, came into effect on 3 June 2019.
The annual breakdown shows fluctuating complaint numbers: two complaints in 2019 (none referred to Review Board), four in 2020 (one referred), one in 2021 (none referred), four in 2022 (none referred, one withdrawn), zero in 2023, four in 2024 (none referred, one withdrawn), five in 2025 (one referred to Review Board, one withdrawn), and two in 2026 (both ongoing).
No systematic recording of detailed case information began until 2022, when this information was first collated. The panel does not maintain records of its own procedural steps deemed not integral to its operation, including frequency of evidence requests, opportunities for complainant response, or clarification processes.
The response notes that each case must be decided on its own merits and with the benefit of legal advice, where requested.
No specific data is recorded on whether cases required requests for additional information, clarification, or evidence from complainants, though officials note that in most complaints some questions or requests for information will be raised. No data is kept on how often the panel requests substantive further information from committees or public bodies after receiving their responses.
The panel does not record how many times complainants were given opportunity to respond to information provided by the complained-about body before a referral decision was made, or whether it obtained specific evidence offered by complainants relevant to disputed facts.
No written guidance exists for how to identify, interpret, or clarify remedies sought by complainants, recording the evidential basis for factual conclusions, assessing whether complainants received adequate remedies, the scope of the panel's role at screening or referral stage, or how to respond to alleged inaccuracies in panel decisions.
Q&A
Q: How many complaints has the Guernsey Complaints Panel received since 2019?
A: The panel has received 22 complaints between 2019 and July 2026, with 15 not referred to a Review Board, three withdrawn or not pursued, two determined by a Review Board, and two remaining outstanding.
Q: What guidance do Complaints Panel members have for making decisions?
A: The panel operates without formal written policies, guidance, checklists, or training materials. Members rely solely on the wording in the Administrative Decisions (Review) (Guernsey) Law, 1986, and receive training based on that law, though this does not go into detail on procedural questions.
Q: What powers do Review Boards have to remedy upheld complaints?
A: Review Boards have very narrow remedial powers under the law. They can only request that the committee or person concerned reconsider the matter if they find the decision, act, or omission warranted review. They cannot order any other specific remedies.
Comments ()