The Administrative Decisions (Review) (Guernsey) Law, 1986, as amended, provides members of the public with a route through the Administrative Decisions Review Board (the Review Board) process to challenge actions and decisions of a States' Committee or body. The purpose of a Review Board is to decide if something significant has "gone wrong" when the decision was made or action taken rather than the lower threshold of "this would be the better decision the Committee or body should have made".
Before Requesting an Administrative Decisions Review Board (Review Board)
- The Review Board process should only be used after you have exhausted all of the internal formal complaints procedures of the States' Committee or States' body you wish to complain about.
- Please contact the specific States' Committee or States' body against which you are making a complaint. You should be able to show how you have tried to work with The States' Committee or States' body, and used every opportunity to try to resolve the issue. If these attempts have failed, you may decide to escalate the complaint to this next stage of the States' overall complaints process.
- If, having exhausted the States' Committee or States' body internal complaints procedures, you remain dissatisfied with the outcome, you may consider applying for a review of that decision, in writing, addressed to
- Principal Officer to the Complaints Panel, Sir Charles Frossard House, La Charroterie, St Peter Port, Guernsey, GY1 1FH or by email: firstname.lastname@example.org .
- It is important to include all of the documents in support of your complaint with your letter (i.e. all letters between you and the States' Committee or States' body concerned, the decision you wish to challenge etc.).
- Please contact the Principal Officer if you require further information on the process
- telephone - 01481 223384 or by email - email@example.com.
The Independent Complaints Panel
- In June 2019, the Royal Court registered the Administrative Decisions (Review) (Guernsey) (Amendment) Law, 2018, which establishes a Complaints Panel to investigate complaints made under the Law and, where the grounds for referring a matter to the Review Board are satisfied, to so refer the complaint.
- The States of Deliberation appoint the members of the Complaints Panel to include a Chairman and Vice Chairman. The Complaints Panel is completely independent of the States of Deliberation
- Once you have written to the Principal Officer requesting a Review Board, the matter will be referred to the Chairman of the Complaints Panel for consideration. If the Chairman considers that the matter referred to him for review satisfies the requirements of the Law, he will convene a Complaints Panel to carry out an initial investigation into the complaint. Once the Complaints Panel have completed their investigation, they will either make a recommendation to refer the matter to a Review Board or reject the complaint. There is no Right of Appeal to their decision.
Review Board Sittings & Findings
- Once the Complaints Panel has referred the complaint to a Review Board, The Chairman of the Review Board will convene a panel of members for a sitting to consider the matter. This sitting will normally be held in public at a location neutral to both parties. At the Review Board sitting, all the evidence relating to the matter will be considered after which the Review Board will retire to make their finding. The finding will be sent, via email, to all the parties, usually within 3 weeks.
- A Review Board cannot overturn the decision or act reviewed. If the Review Board upholds your complaint, it can only request the States' Committee or body concerned to reconsider its decision or action. The States' Committee or States' body is not bound to follow the findings of the Review Board. Should the Review Board remain dissatisfied with the States Committee's or States body subsequent actions, it may refer the matter to the States for a decision. In practice, States' committees and bodies respect a Review Board's finding. For further detailed information on the Review Board process, see "The Administrative Decisions (Review) Guernsey Law, 1986" in the "Downloads" section.
- The Findings of the Review Board can be found in the link below
- Review Board Findings