Renewal of the States of Jersey Complaints Panel Membership

STATES OF JERSEY

RENEWAL OF THE STATES OF JERSEY COMPLAINTS PANEL MEMBERSHIP

Presented to the States on 28th July 2022 by the Privileges and Procedures Committee

STATES GREFFE

2022  R.104 (re- issue)

REPORT

Background

Although the long-term future of the States of Jersey Complaints Panel is uncertain, as the Assembly has agreed to consider the establishment of a Public Sector Ombudsman (P.32/2018 Public Services Ombudsman: establishment of office'), it is important to maintain the existing provision, so that Islanders can still seek help if they are not satisfied with the decisions or actions of Ministers or Government Departments.

Section 4.13 of the Appointments Commission's Code of Practice recommends that the term of office of a member of a public body should not exceed 10 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 will continue in post until September 2023. The extension of the tenure of 3 of the remaining longer serving members of the Complaints Panel for a further 2 years will allow the Panel to continue to function, should it be required to continue until the Chair and Deputy Chairs terms of office expire in September 2024. Maintaining the numbers of members ensures that there is a broad range amongst the Panel membership to avoid conflicts of interest. In that way, the public can be certain that the consideration of any complaint is completely unbiased and impartial.

In accordance with Article 5(2) of the Administrative Decisions (Review) (Jersey) Law 1982,  the  Privileges  and  Procedures  Committee  shall  approve  the  renewed appointment of the following members of the States of Jersey Complaints Panel for a period of 2 years.

• Sue Cumming

• Gavin Fraser

• John Moulin

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 appointment. The appointment will, therefore, be confirmed in 2 weeks from the date of this report.

The Complaints Panel system

The Complaints Panel is established under the  Administrative Decisions (Review) (Jersey) Law 1982, and it enables any person who is aggrieved by a decision made by a Minister  or  department,  or  any  person  acting  on  behalf  of  any  such  Minister  or department, to apply to the Greffier of the States to have the matter reviewed by a Complaints Board. Everyone has a right to expect a good standard of service from Government Departments and to have things put right if they go wrong. The Complaints Panel  conducts  independent  investigations  if  the  public  feel  that  Government Departments have not acted properly or fairly, or have provided poor service.

There are currently 13 members of the Panel, including the Chair and 2 Deputy Chairs. 7 members remain from those appointed in 2020 (their term of office expires in September 2023). All members of the Complaints Panel serve in an honorary capacity and the Committee is extremely grateful to the Members who give many hours of their time on this basis in relation to the work of the Panel, and is delighted that so many quality candidates submitted an interest in serving and existing members remain willing to continue to do so.

The Committee would like to pay particular tribute to Mr Graeme Marett, Mr David Greenwood and Ms Gwyn Llewellin who are retiring from the Panel. The Committee is extremely grateful for the time they have given freely and generously to serve the community during their membership of the Panel and wishes to thank them for their efforts and wish them a very happy and healthy retirement.

The Panel members to be reappointed are as follows:

Sue Cuming (appointed until September 2024)

Sue 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. Since September 2015, Mrs Cuming has been a member of the Jersey Employment and Discrimination Tribunal and participates  in  hearings  to  settle  complaints  raised  by  employees  against  their employers. She has been a member of the Panel since 2017.

Gavin Fraser (appointed until September 2024)

Gavin 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 married a Jersey girl and the couple decided to set up home in the Island 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. 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.

A sports enthusiast having represented Jersey at both football and golf, in 2013 Mr. Fraser was privileged to become the Captain at La Moye Golf Club until retirement from full-time financial services commitments. Always with a view to giving something back, he offered to lecture in financial services at the Jersey International Business School. During that time, he also promoted both Jersey and the Business School as a destination for local students wishing to complete their degrees on-island, as well as to several pupils at UK and international schools.

In addition, Mr. Fraser was asked to become a Non-Executive Director for a local Charitable Trust, overseeing the investment of a large portfolio created to provide bursaries for bright but under-privileged students, to attend private schools in the Island. At the same time, he also joined the board of the Jersey Football Association and was instrumental in creating the very successful events surrounding the 100th Muratti celebrations in the Island in May 2016. He has been a member of the Board since 2017.

John Moulin (appointed until September 2024)

John Moulin retired from the Civil Service in 2009 following nearly 29 years of service. Mr. Moulin was educated in Jersey at Trinity School and De la Salle College, and he went on to obtain a City & Guilds of London qualification in Motor Vehicle Engineering Parts 1 & 2 with credit and also an A' Level Business studies in 1990. He was employed as a Qualified Vehicle Mechanic/Engineer at St. Helier Garages undertaking a five-year apprenticeship. In 1972 he was appointed Workshop Foreman/Mechanic at Freelance Motors in Trinity and assisted in the transformation of a country garage to a leading franchise dealer.

In 1980 following training Mr. Moulin was appointed as an Ambulance Technician with the States of Jersey Ambulance Service. In 1985 he was appointed as a Station Officer and in 1987 was appointed Assistant Chief Ambulance Officer. Mr. Moulin oversaw the establishment of a new training and development department within the Ambulance Service and also established a Major Incident Response Team and introduced a fixed

training programme to ensure the Service remains in a constant state of readiness to react to any large or major incident that threatens the community's ability to function normally.

In 1992 Mr Moulin was appointed Chief Ambulance Officer until his retirement in 2009. During this time, he was involved in a transformation of the Ambulance Service.

In 2001 Mr. Moulin was awarded the Queen's Ambulance Service (Emergency Duties) Medal for Long Service and Good Conduct and in 2002 the Queen's Golden Jubilee Medal in 2002. He also undertook the voluntary role of a member of the Jersey Civil Servants Association in 1996 representing the interests and protecting employment rights of States Civil Servant employees at all levels and in 2003 was appointed as President of the Association until 2009. Mr. Moulin has continued his voluntary service as a Procureur in the Parish of Trinity , member of the Social Security Low Income Support Appeal Tribunal and the Medical Incapacity Appeal Tribunal as well as a member of the Family Nursing & Home Care Board. He has been a member of the Panel since 2014.

Existing members of the Complaints Panel

Geoffrey Crill - Chair (re-appointed until July 2024)

Geoffrey Crill is a retired Solicitor of the Royal Court of Jersey and is currently a consultant to Collas, Crill Advocates on a part-time basis. 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 in December 2014, Mr. Crill has been the Chair of the Complaints Panel since 17th July 2015.

Christopher Beirne – Deputy Chair (re-appointed until September 2024)

Chris Beirne is currently the Headmaster and Chief Executive of Beaulieu Convent School, a position he has held since September 2006. Mr. Beirne was educated at St. Mel's College, Longford, Ireland, the Gregorian University in Rome, the Institute of Education at the University of Hull and Oxford University Department for Educational Studies. He worked for the Roman Catholic Diocese of Northampton between 1985 and 1993 before becoming Head of Religious Studies at Eggar's School Alton, Hampshire between 1994 and 1996, during which period he was also a part time lecturer at Portsmouth Sixth Form College. He came to Jersey in 1996 and worked at Victoria College  as  Head  of  Religious  Studies  and  then  Director  of  Spiritual  and  Moral

Development before being appointed as Vice-Principal of the Jersey College for Girls in September 1999, a position he held until he was appointed to his current post. Mr. Beirne  is  a  member  of  the  Management  Board  of  the  Jersey  Teachers Superannuation Fund and Director of the Channel Islands Operations for Rainbows (Bereavement Support for young people). He is the holder of a private pilot's licence and a member of the Jersey Aero Club. He has been Deputy Chair of the Complaints Panel since 2015.

Stuart Catchpole Q.C. - Deputy Chair (re-appointed until September 2024)

Stuart Catchpole Q.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.

Christine Blackwood

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 continues to work as a part time policy consultant assisting the Jersey Government develop additional Regulations for new services to be included in the regulatory framework. She has been a member of the Complaints Panel since 2020.

Penny Chapman

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

Tina Chatterley

Tina Chatterley is Jersey born and spent 20 years building a career in Company & 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 within the Domestic Abuse community. She has been a member of the Complaints Panel since 2020.

David Curran

Since graduating from the University of Glasgow in 2014 with a Bachelor of Dental Surgery qualification, David Curran has worked in a variety of healthcare settings with different groups of people and varying patient demographics. Throughout all of this, many situations have arisen which have required sensitivity, conflict management and de-escalation  skills.  An  awareness of  medical  ethics,  patient  expectation,  and  the importance  of  following  certain  protocols  and  guidelines  have  given  him  an understanding of how complaints may arise against a service provider, and how this can escalate without appropriate attempts at resolution. David came to Jersey in January 2020 as a Dental Associate at Colomberie Clinic and is keen to be able to provide some of his time and experience to help in complaint resolution and to help both service providers and service users come to a satisfactory and an amicable conclusion. He has been a member of the Complaints Panel since 2020.

Andrew Hunter

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  Australiasia.  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

Since settling in Jersey with her children 11 years ago, 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

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 a 30-year career in mixed retail leadership including Food, Home, Apparel and Automotive. For nearly a decade he has been involved in charitable events, is a member of the Lions Club and continues to invest his time in OFR,  a  charitable  motorsport  club.  Over  the  years,  he  has  gained  experience  of disciplinary, grievance and general complaint hearings as well as tribunals. As an ex- retailer he has a passion for detail, compliance and policy; however making things better in day to day life is what really motivates him.

Re-issue Note

This report was re-issued to include information about Damian Warman as a member of the Complaints Panel.