Re-appointment of Complaints Panel

STATES OF JERSEY

RE-APPOINTMENT OF COMPLAINTS PANEL

Presented to the States on 5th August 2024 by the Privileges and Procedures Committee

STATES GREFFE

2024  R.131

REPORT

The Privileges and Procedures Committee has agreed to renew the existing membership of the Complaints Panel Members as listed in Appendix A of this report. A recruitment process will be undertaken in the early Autumn for new members and there will be a focus on succession planning so that by March 2027, if required, there will be a new Chair and Deputy Chairs in place to take the Panel forward into the future.

Background

Since the decision in 2018 to introduce an Ombudsman, the Complaints Panel have continued to provide a stellar complaints service for Islanders, despite having no certainty regarding their future nor a clear end date' at which point they would cease to operate.

The  Chair  and   Deputy  Chairs  were  all  appointed  in  2015,  which  means  that  in September 2024, all three will have completed 9 years' service. Section 20 of the Appointments Commission's Recruiting guidelines recommends that the term of office of  a  member  of  a  public  body  should  not  exceed  9 years,  although  in  some circumstances this limit can be extended.

In 2020, having agreed to extend the tenure of the Chair and Deputy Chairs of the Panel until 2024, the former PPC oversaw a recruitment process for additional members to join the Panel and 8 new members were recruited. During the selection process, the Panel sought to appoint a balanced group of people in terms of gender, ethnicity, age, disability, sexual orientation, socio-economic status, experience and skills. Those new members were initially appointed for a three-year term until September 2023, by which time it had been anticipated the new Public Sector Ombudsman would be in place. This was extended last year to September 2024, when terms of office for the whole Panel are due to expire. It was assumed that by this Autumn the Panel would be replaced with an Ombudsman and therefore there has been no focus on succession planning for the past 4 years.

Present situation

Following the Council of Minister's decision to postpone the introduction of a Public Sector Ombudsman in this term of office, the States Complaints Panel will need to continue for at least another 3 years.

PPC will be advertising for new members, but given that continuity and corporate knowledge are essential to ensuring each complaint is considered in a completely equitable manner, the Appointments Commission was asked to consider endorsing an extension to the term of office of the Chair and one of the Deputy Chairmen. This would take the Panel through to a new Assembly and new Council of Ministers, which might decide to progress the Ombudsman or continue with the current system. If the latter is the case, then the extension would allow the Panel to succession plan, bring one or more of the existing members into a Deputy Chair role with a view to taking over as Chair and ensure that those with the greatest knowledge of the current system are able to implement some of the changes to the existing structure, which they have hitherto been

unable to take forward. To this end, the Chair has established a working party to review the  Panel's existing structure  and processes  and has  recently met with the Chief Executive of the Ombudsman Association.

In June 2024, the Greffier met with the Chair of the Appointments Commission, Chris Stephenson and provided context for an extension. He responded on 18th June 2024, as follows -

"Given that a vacancy already exists for one Deputy Chair, it makes sense to me, being pragmatic, that we retain expertise and extend the terms of office of GC and SC (assuming they wish to). In normal circumstances, I d have no problem with a 12-month extension and might well be persuaded to go to 18 months. However, as we have acknowledged, these are not normal circumstances.

Accordingly, the Commission will agree to extend their terms of Office up to March 31st 2027. At that point, they must stand down, whatever the circumstances. By agreeing to this approach, the Commission acknowledges that a new government will have been elected in 2026 and will have had sufficient time to judge whether to maintain the Board or dispense with it."

In accordance with Article 5(2) of the Administrative Decisions (Review) (Jersey) Law 1982, the Privileges and Procedures Committee approved the renewal of those Members appointed in 2017 and 2020, extending up to the 9-year limit and the extension of the tenure of the existing Chair and one of the Deputy Chairs to 31st March 2027.

In accordance with Article 2 of the States of Jersey (Appointment Procedures) (Jersey) Law 2018, the Committee is required to provide at least 2 weeks' notice before approving the appointments approved (as listed in Appendix A of this report). The appointments will, therefore, be confirmed in 2 weeks from the date of this report.

APPENDIX A

The Panel members to be reappointed are as follows: Geoffrey Crill - Chair (reappointed until 31st March 2027)

Geoffrey Crill is a retired Solicitor of the Royal Court of Jersey. He attended Victoria College in Jersey and has been a Solicitor of the Royal Court of Jersey since 1977. Mr. Crill began his legal career as a Conveyancing Assistant at Crill, Cubitt-Sowden and Tomes in 1967. In 1977 he became a Solicitor in Crill, Cubitt-Sowden and Tomes, and in 1979 became a Partner at Crill, Cubitt-Sowden and Tomes (latterly Crills). In 1992 he became a Senior Partner in Crill Canavan Solicitors and Advocates, until 2009, when he retired from practice.

From 2004–2010 he was a Trustee of the Jersey Heritage Trust, and in 2010 a member of the Carswell Review Panel (appointed by the States of Jersey to review the role of the Bailiff and other Crown Officers in Jersey).

Mr. Crill has previously been a member of Solicitors' Disciplinary Tribunal and Honorary Secretary of the Chambre des Écrivains (governing body of the Solicitors of the Royal Court of Jersey). Having joined as Deputy Chair in December 2014, Mr. Crill has been the Chair of the Complaints Panel since 17th July 2015.

Stuart Catchpole K.C. - Deputy Chair (reappointed until 31st March 2027)

Stuart Catchpole K.C. has a wealth of knowledge and experience in legal practice covering a wide range of domestic and international tribunals, including the House of Lords, Supreme Court, Court of Appeal and different divisions of the High Court in the United Kingdom together with domestic and international arbitrations (institutional and ad hoc) both as Counsel and as Arbitrator. Mr. Catchpole attended Colchester Royal Grammar School and graduated from Durham University with a BA Hons in Law, First Class (ranked 1st in year) in 1986. He obtained the Maxwell Law Prize also in 1986 and was called to the Bar in 1988. Mr. Catchpole is a leading silk in international Arbitration, Construction, Professional Negligence, Commercial Litigation, Energy and Natural Resources and insurance and Re-insurance by Chambers & Partners and the Legal 500 and is consistently recognised as a leading silk in Construction law and Professional Negligence in the Legal Experts' publications. Mr. Catchpole was one of six silks shortlisted for Barrister of the Year at The Lawyer' Awards in 2008, 2009, 2011 and 2012. He was awarded the Construction Silk of the Year in 2008 at the Chambers & Partners Awards and was one of three silks shortlisted for the same in 2008, 2009 and 2010.

Mr. Catchpole was appointed to the Treasury Supplemental Panel (Common Law) in 1992; Attorney General B Panel 1998; Attorney General A Panel 1999; Part time Legal Member of the Proscribed Organisations Appeal Commission (one of 5 in the UK) to hear appeals under the UK Terrorism Act 2000-2001; Recorder in 2004; Governing Barrister Bencher of the Honourable Society of the Inner Temple 2008 and Deputy High Court Judge (England and Wales) in 2010.

Professionally Mr. Catchpole has advised and acted on behalf of clients in relation to nearly all forms of dispute resolution procedures. In addition to acting as Counsel, he currently acts as an international arbitrator and mediator. Most of his domestic cases and a proportion of his international cases involve mediations, early neutral evaluations, dispute boards or some other form of ADR. Stuart is a CEDR qualified mediator and a TecBar qualified adjudicator. Prior to moving to Jersey from London in 2012, Stuart sat as Deputy High Court Judge (in both the Administrative Court and Queen's Bench Division), a Crown Court Recorder (in criminal cases) and was a part-time member of the Proscribed Organisations Appeals Commission which hears appeals against the designation by the UK of organisations as terrorist organisations.

He has been Deputy Chair of the Complaints Panel since 2015. Mrs Susan Cuming (reappointed until September 2026)

Mrs Cuming retired from her employment in the Civil Service in 2015, after 32 years' service, mostly working in human resources. She was educated in Harrow, England and went on to obtain a Diploma in Illustration from Harrow College. She worked as a freelance illustrator for several years then began a career working in administration and junior management in two UK hospitals.

Mrs Cuming moved to Jersey in 1983 and in that year continued her health service career at the Jersey General Hospital. In 1987 she began her career in human resources management. Having gained a professional qualification in human resources in 1993, she was later awarded the Chartered Fellow level of membership by the Chartered Institute of Personnel and Development. Over her employment with The States of Jersey,  Mrs  Cuming worked  in both Health and  Social Services and  the  Human Resources department of the Chief Minister's Departments, however she supported a considerable number of other States Departments and functions. She played an active role as a member of the Jersey CIPD branch for many years.

From 2006 until her retirement, Mrs Cuming was a Senior HR Manager. Her role entailed management of a team of HR professionals who provided HR support to managers and staff. She was a member of a number of senior management teams and involved in the public sector reform programmes, the development and implementation of HR policy and procedures, and business support to managers on HR matters. Part of her wide HR role included undertaking investigations into complaints, grievances and disciplinary matters, and she was trained by ACAS. A further responsibility was acting as Secretary to the Jersey Appointments Commission.

She has been a member of the Complaints Panel since 2017. Gavin M. Fraser (reappointed until September 2026)

Mr. Fraser is a senior finance professional and non-executive director with 40 years' experience  in  investments,  banking,  trusts,  insurance  and  education.  Educated  in London at St. Clement Danes Grammar School before going on to teach for 7 years, armed with a Bachelor of Education (Hons) Degree from London University. Whilst there, he was married to a Jersey girl and decided to set up home in Jersey to have their now two children in 1985.

Upon arrival in Jersey, Mr. Fraser decided to re-train and join an insurance company and became the Channel Islands Head for 7 years dealing with both insurance and investments for private individuals. In 1992, he was asked to join Midland HSBC and managed a small team at the bank, becoming a Member of the Professional Financial Advisors Society. After 5 years, Mr. Fraser was asked to join local investment company Ashburton, initially to be the sole sales representative in the Channel Islands and later with connections to the parent Company the FirstRand Group, travelled extensively in South Africa, Kenya and Europe, setting up small offices in Sweden and Belgium.

Later promoted to Sales Director with responsibilities for creating teams in all the jurisdictions, he was asked to set up the company's fledgling office in Dubai, where he relocated for a 3-year spell in 2005 – 2008. He operated in Abu Dhabi, Oman, Bahrain, Qatar, Lebanon and Saudi Arabia.

After promotion to become the Global Sales Director, responsibilities included dealing with complaints, sitting on the Risk Committee, managing sales strategies and sales teams. More recently, Mr. Fraser has studied and qualified as a Non-Executive Director with the Financial Times of London gaining the FT Non-Executive Directors Diploma. (September, 2016).

He has been a member of the Complaints Panel since 2027. Christine Blackwood (reappointed until September 2029)

Before  moving  to  Jersey  in  1993,  Christine  Blackwood  worked  with  General Practitioners in North Yorkshire supporting the development of Health Promotion services in primary care. During this time, she attained a post graduate diploma in Health Promotion  from  Leeds  Metropolitan  University.  Christine  graduated  from  Leeds University with a BSc Honours in Psychology in 1984 and trained as a nurse in Edinburgh qualifying in 1979.

Christine retired from full time employment in June 2019 having worked for over 20 years in health and social care regulation for both the Government of Jersey and more recently the Jersey Care Commission. She was first appointed in 1995 as nursing and residential homes inspector and latterly held a senior manager position as Head of Professional and Care Regulation.

This role included a range of regulatory responsibilities for both health and social care services  and  professional  registration  and  provided  Christine  with  many  years' experience  of  investigating  complaints  and  concerns,  collecting  and  analysing information and weighing up evidence. In addition to supervising a team of regulatory officers and managing the regulatory functions under various Laws, Christine led on the development of health and social care legislation including the Regulation of Care Law and associated Regulations.

She has been a member of the Complaints Panel since 2020.

Penny Chapman (reappointed until September 2029)

Penny Chapmen is a locally born mother of 2. She trained in property management and then went on to manage a large portfolio of both residential and commercial properties for  Clyde-Smith  Management  for  9  years,  before  a  move  to  the  Social  Security Department where she was employed as the Administration Manager of the Training & Employment Partnership (TEP). Following the restructuring of the TEP department she took up a role at Vibert s Lawyers in the Probate department.

Following the birth of her daughter in 2005, she gave up work and became a full-time parent carer. Penny has been a Trustee of Steps Charity Worldwide, working with the Special Needs Advisory Panel and Honorary Secretary of the Kennel Club of Jersey since 2018.

Penny is the Co-Founder and Chair of the local charity AllMatters Neurodiverse Jersey, a charity dedicated to promoting understanding and acceptance of Neurodiversity.

She has been a member of the Complaints Panel since 2020. Tina Chatterley (reappointed until September 2029)

Tina Chatterley is Jersey born and spent 20 years building a career in Company and Trust Administration before retraining whilst in full time employment to become a psychotherapist and life coach. In 1999 she set up her private practice based on values and putting people before profit. She has since also qualified as a Clinical Supervisor to provide support to professionals working in mental health. Tina has supported staff and service users in many organisations and charities in the community and designed and delivered training courses in personal and professional development within the public sector focusing primarily on employability and mental health issues. Tina has a proven record of working both independently and as a part of a team. She works positively and constructively with individuals from all walks of life and of differing abilities having regard to all aspects of diversity, discrimination and equality in an objective and non- judgemental manner. Tina has been an independent member of the Fostering Panel for 5 years and was appointed as an independent member of the Performers List Appeals Panel 12 months ago. As a past Trustee of the Jersey Women's Refuge, she now provides clinical supervision to senior managers and staff in the private and public sector as well as student counsellors in training. She  has  been a member of the Complaints Panel since 2020.

Andrew Hunter (reappointed until September 2029)

Educated at Victoria College Jersey, and European Business School, London, Andrew Hunter started work in the City of London for stockbroking firm Hoare Govett, then spent 9 years with Hillsdown Holdings plc in various head office roles, and as a part of the senior management board. He co-led a Management Buy Out and co-founded Argent Group Europe Limited. Whilst at Argent Group Europe, he founded Argent Energy Limited, which has today become Europe's leading waste to energy biofuel operation, now owned by one of the largest UK private companies, John Swire and Sons

Limited (Swire'). He has experience gained over 30 years, managing, financing, operating  and  being  chair  of companies  in  several  industry  sectors  including  the renewables, food, animal by products, animal skin processing and leather tanning, printing, construction and property development industries in Europe, North America and Australia. Though various roles he has experience of Internal Audit and Monopoly and Merger Committee enquiries on behalf of Hillsdown Holdings plc and has worked with government agencies in the UK, Channel Islands, New Zealand and European Union. He has been a member of the Complaints Panel since 2020.

Kerry Leadbetter (reappointed until September 2029)

Since settling in Jersey with her children, Kerry Leadbetter has worked for NatWest International,  always  in  customer  service  roles.   She  initially  worked  with  the investments team, moving to corporate relationship management, and for the last 3 years as a quality assessor for the centralised complaints team to ensure fair outcomes are provided and that regulatory compliance is adhered to. Her role allows her to improve service by way of providing feedback on the root cause and to the service provider.

Kerry's complaints insight has allowed her to restructure the way complaints are handled by the bank to improve the customer's experience, resulting in customers receiving quicker responses and much more engagement with the bank during the complaint handling process. Prior to relocating to Jersey Kerry specialised in customer retention for HomeServe UK, a nationwide household utility insurer. She has been a member of the Complaints Panel since 2020.

Damian Warman (reappointed until September 2029)

Damian Warman has lived in Jersey since 2011, having come to Jersey in his role as a Director  with  Waitrose  and  Partners.  He  studied  at  Southampton  College  and Portsmouth University and has had Leadership positions over the last 30 years in Retail, Travel & Tourism, Hospitality and Business Consultancy. He is an active member of the community and gets involved in charitable events, was previously a member of the Lions Club and continues to invest his time in OFR, a charitable motorsport club, and GOSH. Over the years, he has gained experience of disciplinary, grievance and general complaint hearings as well as tribunals. As an ex-retailer, public servant and business owner, he has a passion for detail, compliance and policy; however-making things better in day-to-day life is what really motivates him. He has been a member of the Complaints Panel since 2020.