States of Jersey Complaints Panel - Appointment of new Deputy Chair and Members

STATES OF JERSEY

STATES OF JERSEY COMPLAINTS PANEL – APPOINTMENT OF NEW DEPUTY CHAIR AND MEMBERS

Presented to the States on 23rd December 2024 by the Privileges and Procedures Committee

STATES GREFFE

2024  R.189

REPORT

The  Privileges  and  Procedures  Committee  has  endorsed  the  appointment  of  new members of the Complaints Panel, as listed in Appendix A of this report, following a recruitment process undertaken in November 2024.

The recruitment process also involved the appointment of a new Deputy Chair. Several of those interviewed had expressed an interest in being considered for this role, but ultimately the successful candidate was selected from the existing membership.

The existing Panel members, Chair and one Deputy Chair were all re-appointed in August 2024 (States Assembly| R.131/2024). The recruitment of these new members and an additional Deputy Chair allows for further succession planning for the Panel.

During the appointment process the Panel was delighted that it received 27 applications from a very high calibre of candidates, 18 of whom were invited to interview. From these 18, 10 new Panel members were selected and recommended for appointment and a new Deputy Chair was identified from the current membership. 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. These new members are to be appointed for a three-year term until December 2027.

Working within a small Island community, there is an added respect for impartiality and members are acutely aware of the need to declare interests and recuse themselves from considering certain cases. This can be either a personal connection with the complainant or officers of a Department, but also extends to perceived conflicts so, for instance, those members who are retired public sector employees would never take part in any case which related to their former Department or involved former colleagues. It is for this reason that the  number of members appointed to the  Panel  will be increased, to accommodate any such conflicts which may arise. The number of members is not limited in statute, but it is also recognised that new recruits need to gain tangible experience through participation, which is why the Chair initially considers cases in tandem with members on a rota basis, to allow them to have opportunities to be involved and gain an insight into the decision-making process. This process was introduced following the Panel's AGM in 2015 and from September 2024, this has been extended to two members.

These appointments will 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 these appointments allow the Panel to succession plan and provide training opportunities for members with a view to taking over as a Deputy Chair or 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.

Recommendation  

The  appointment  of  the  following  as  new  members  of  the  Complaints  Panel  is recommended –

Aneesa Ahmed Carola Breusch Peter Colback Sue Harvey Gary Martin Jacquelyn Marsh Susana Rowles Jackie Videgrain Claire White Pawel Zalewski

and Andy Hunter is nominated as a new Deputy Chair.

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.

The Privileges and Procedures Committee wishes to place on record its sincere thanks to those who came forward as candidates and its gratitude for the work undertaken by the existing Panel members. It also wishes to pay tribute to outgoing members Mr. Chris Beirne, who served as Deputy Chair and Mr John Moulin, both of whom recently retired from the Panel. Their honorary service to the Island is much appreciated.

APPENDIX A

The Panel members to be appointed are as follows: Andy Hunter – Deputy Chair

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.

Through 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. Aneesa Ahmed

Aneesa is a qualified South African lawyer and experienced compliance professional with a robust background in regulatory compliance, governance, and dispute resolution. Over  her  career,  she  has  developed  a  strong  ability  to  interpret  complex  legal frameworks  and  deliver  impartial,  well-reasoned  decisions  in  high-pressure environments.

Aneesa's legal training and professional expertise have enabled her to excel in roles requiring meticulous analysis of regulations and policies, as well as the fair application of these standards. She brings a track record of fostering accountability, transparency, and trust through the resolution of regulatory and procedural complaints. She is well- versed  in  engaging  with  diverse  stakeholders,  mediating  disputes,  and  delivering outcomes that uphold integrity and fairness.

Having managed compliance programs and advised on governance matters across various sectors, Aneesa has cultivated the skills necessary to assess cases objectively and balance competing interests. Her experience includes preparing and responding to regulatory  reviews,  conducting  detailed  investigations,  and  maintaining  open  and professional communication with regulatory bodies.

She is passionate about public service and contributing to the delivery of justice and accountability. Her goal is to bring my legal expertise, critical thinking skills, and commitment to fairness to the Jersey States Complaints Panel. In this role, she aims to ensure that all parties receive equitable treatment and that decisions are made in line with established laws and principles of good governance.

With a strong ethical foundation, sound judgment, and a collaborative approach, Aneesa is  confident  in  her  ability  to  serve  as  an  impartial  and  effective  panel  member, contributing to the resolution of complex complaints while safeguarding public trust.

Carola Breusch

Carola Breusch is German by nationality but has been resident in Jersey for more than 25 years and held various director and other senior positions in Jersey's Finance industry.

She has a law degree and a degree in business administration and is a fully qualified German solicitor/advocate.

In Germany she started out as a corporate and commercial lawyer before moving to the federal government agency in charge of the privatisation of all Eastern Germany state owned assets after unification. Initially overseeing the privatization of companies in the steel and electronic industry, she was later appointed chief of staff / private secretary to the agency's CEO where she managed his office but also frequently had to coordinate and assist with special privatisations or failed privatisations including liaison with the various stakeholders like local governments and trade unions. From there she moved to one of the well-known German telecoms and became head of their risk management function  covering  product  development  and  collection  risks  across  their  product portfolio.

In Jersey she started out at Mourant's trust company, initially as operations director in their global employee benefit business restructuring this business to better cope with large volume administration. Later she became a director in the private funds and capital business and set up the first Mourant office in Luxembourg.

More latterly she has worked as director and Head of Funds and Corporate Services for Vistra before in 2013 becoming an independent non-executive director and chairperson. Her focus is on private equity and alternative investment funds and their investment companies in the institutional and corporate sector.

Peter Colback

Peter Colback has had a varied and successful career. Born on November 9th, 1966, he started his education at Victoria College, excelling in Mathematics and Physics. He later earned  a  BA  (Hons)  in  Mathematics  and  Accountancy  from  the  University  of Canterbury and a PGCE in Mathematics Secondary School from the College of St Mark and St John in Plymouth.

Peter's professional journey began as a sailing instructor and delivery skipper with Scimitar Sailing Limited in Gibraltar. He then moved into the automotive industry, working at Colback Motors Limited in roles such as Sales Manager and Company Director,  where  he  handled  project  resource  management,  retail  marketing,  staff recruitment, and database management.

He later transitioned to education, becoming a qualified teacher in Mathematics and IT. He  worked  as  a  lecturer  and  course  leader  at  Highlands  College,  moderating coursework,  coordinating  subject  areas,  and  training  staff  in  various  software applications.

In 1998, Peter entered the  IT sector, taking on roles such  as  Office  Manager at Atlantique Trust Limited and IT Manager for Support and Production at Standard Bank Offshore.  He  managed  teams,  implemented  IT  systems,  and  oversaw  significant projects, including the migration of banking systems and the introduction of HelpDesk across the group.

Peter  also  worked  in  government  as the  IT  Technical Manager for the  Treasury Department  of  the  States  of  Jersey,  where  he  was  responsible  for  the  technical implementation of the World Class Financial System J D Edwards across the Island's government departments.

In 2003, Peter pursued commercial pilot training and worked as a pilot with Aviation Beauport, later Gama Aviation, until 2023. He is currently a contract pilot with Breed Aviation and runs Simplicity Limited, an IT business specializing in small business clients and database development.

Peter has also been involved in various charitable organizations, including Mission Aviation Fellowship, Jersey Evangelical Trust, Well Water Charity, and Amnesty International Jersey and coordinates an  online  prayer group through Northumbria Community, shares time on the Jersey Synod and Trinity Church Advisory group.

Keen on using new technology this summary was created from the CV originally give to the panel and made with CoPilot.

Sue Harvey

Sue originally came to Jersey in 1976 for a 3-month work placement with Lloyds Bank to help set up a new trust company and she subsequently continued working in Jersey for the next ten years as an investment manager and managing a small team.

After taking a break from employment for four years when starting a family Sue then took on administrative and support roles in health and has worked at Jersey General Hospital, a GP practice, and as a support worker at a homeless shelter.

In 2012 Sue Harvey trained as a family mediator and since then has worked at Family Mediation Jersey helping family members resolve disputes around varying issues such as separation and divorce, inheritance disagreements, decisions around health and schooling or how to care for elderly family members. In 2017 she was asked to work as

a Professional Practice Consultant for Family Mediation Jersey and her responsibilities include  supervising  the  other  mediators,  providing  one  to  one  support,  group supervision  and  encouraging  and  overseeing  professional  development  and  best practice.

Sue has enjoyed various volunteer roles, having been a Samaritan volunteer for 19 years which has included working at UK events and regular work at HMP La Moye supporting both inmates and staff. She has also been privileged to be selected for three Jersey Overseas Aid trips including a school building project in Uganda and on two separate occasions running a respite centre for disabled guests in Lebanon.

Sue loves to be active and spend time with her grandchildren. She belongs to various clubs including a cycling group, indoor and cold-water swimming groups and a rueda (Cuban dance) group.

Gary Martin

Gary Martin qualified as a Chartered Accountant in Ireland. Gary and his wife came to Jersey in 1987 with Coopers & Lybrand (now PWC) as auditors. He quickly joined the Computer Audit Team and then moved to their consultancy arm. In 1997 Gary joined Falles Motor Group as CEO. After leaving there he set up a company with a friend. This friend was a shareholder in the parent company of Jersey Pearl and asked me to join the Board where I served as CEO and Operations Director for a number of years with responsibility for operations in the UK, Canary Islands and the UK.

Following my time at Pearl he did a consultancy assignment for J.J. Fox International Ltd (Fox Group) in their UK operations. He purchased out of the liquidation a web trading business which he operated for several years. He was invited to join the board of the Fox Group and to provide ongoing consultancy services first as Group Chief Financial and Operations Director and latterly as CEO of their Channel Island interests.

Gary served on the Youth Court for the full 10-year tenure.

His family has fostered children in Jersey for over 20 years, mostly teenagers where it can be difficult to find a placement. Two of their foster children have reminded with the family long after their 18th birthday and are part of the Martin family. Gary and his wife are now grandparents to one who now has two children.

He was also Treasurer to the De La Salle Parent Teacher Association for a number of years.

Jacquelyn Marsh

Jacquelyn (Jackie) Marsh is an accomplished senior professional with over 30 years of experience in the fiduciary sector of the financial services industry. Throughout her career, Jackie has developed an ability to handle complex fiduciary, and governance matters  with  objectivity  and  impartiality.  Her  expertise  spans  trust  and  company administration, client relationship management, regulatory compliance, and dispute resolutionskills honed through extensive experience working with high-net-worth and ultra-high-net-worth families in both the UK and the Far East.

Jackie spent 25 years at HSBC Trustee CI Limited, where she held several leadership roles, including Director and Executive Committee Member (ExCo), from 2005 until 2019. During her tenure, she managed multi-jurisdictional fiduciary structures, leading diverse teams of professionals while maintaining the highest standards of governance and compliance. As a board member and representative for client-managed companies, Jackie was responsible for overseeing complex portfolios, managing risk, and ensuring full adherence to legal and regulatory requirements.

A particular highlight of Jackie's career is her experience in handling disputes within ultra-high-net-worth families, often involving highly sensitive issues. These disputes, which frequently required mediation or in some cases, formal applications to court in both  Jersey  and  Hong  Kong,  demanded  the  utmost  impartiality  and  a  measured approach. Jackie was actively involved in disciplinary hearings ensuring fairness and transparency  during the  decision-making  process, making her  adept  at  navigating challenging situations with professionalism and discretion underscoring her ability to approach complex matters from a balanced, objective perspective.

Jackie's leadership extended beyond governance and operational management. She was instrumental in  the  development and  approval  of new  business  opportunities  and products, she was the Channel Islands lead for the business in relation to FATCA, and CRS. Jackie was also lead in training and development, securing STEP Platinum accreditation for her business and overseeing the professional growth of employees.

Susana Rowles

Susana Rowles possesses a diverse professional background in governance, strategic thinking,  negotiation,  and  leadership,  enhanced  by  her  experience  as  an  Ed-tech entrepreneur and in the hospitality sector. Her strong commitment to ethical decision- making, conflict resolution, and community service makes her an ideal candidate for the Complaints Panel.

As  Co-Founder  and  Managing  Director  of  Target  Internet  Limited,  Susana  has demonstrated exceptional strategic planning and stakeholder engagement. She has guided the company through complex challenges, showcasing her ability to analyse multifaceted issues and formulate balanced solutions.

Her dedication to education is evident through co-founding Innovate Education in 2019, where  she  developed  the  Digital  Leadership  Programme,  a  Level  6  qualification addressing local digital skills shortages. This initiative highlights her proactive problem- solving and commitment to community growth.

Susana's leadership and stakeholder management experience enable her to evaluate issues  from  multiple  perspectives  and  propose  constructive  solutions  that  uphold fairness and accountability.

In earlier roles, she worked as a Revenue and Sales Manager, managing sales operations across two large hotels in the South of England, focusing on account management, relationship-building, balancing client needs with operational objectives. Before that, as

a Sales and Marketing Manager, she played a key role in establishing a new boutique hotel brand, overseeing revenue strategies, marketing campaigns, and team dynamics. These roles demonstrate her systemic thinking, effective communication, and nuanced decision-making.

Her extensive governance experience further underscores her suitability. As newly elected Chair of Governors at Victoria College Jersey and Vice-Chair of the Victoria College  Foundation,  she  has  contributed  to  strategic  development  and  upholding standards, also refining her conflict resolution skills through participation in appeal hearings. Additionally, as a Council Member of the National Trust for Jersey, she has shown commitment to rigorous governance supporting the organisation in developing a new strategic plan and developing its governance structure.

Fluent in Portuguese and an advocate for inclusivity, Susana brings a valuable cultural perspective, fostering fairness and accessibility in the complaints process. Her blend of professional expertise and community commitment make her well positioned to uphold accountability and impartiality as a member of the Complaints Panel.

Jackie Videgrain

Jackie has held senior positions and key person roles across a range of sectors within Jersey's finance sector over the last 38 years including banking, trust, treasury, risk, and compliance.  Having  joined  Polygon  Insurance  Brokers  in  July  2024  as  Head  of Compliance Jackie was previously Vice president and Chief Risk Officer for a multi- jurisdictional Bank, responsible for credit, operational and business continuity risk.

She has also held a number of Trustee and Governance positions for local companies and charities, and currently holds a Trustee Estate Practitioner diploma and has recently been  awarded  the  prestigious  Fellowship  status  of  the  International  Compliance Association. This recognition reflects her commitment to excellence in compliance and risk management and a lot of hard work and dedication.

Jackie has been responsible for the management and oversight of the complaints processes for a number of organisations during her career to ensure robust governance and unbiassed assessment of the process.

She believes that complaints provide valuable insights into performance of government and  hold  it  accountable  for  its  actions.  By  effectively  addressing  complaints, Government can demonstrate transparency and commitment to being answerable to the public. Complaints also serve as indicators of where government may be falling short in delivering services or meeting community needs. By taking the time to understand and address these concerns, government can pinpoint areas requiring enhancement and work toward delivering better services.

Claire White

Claire White is a Jersey born Registered Nurse who qualified with a Diploma in Higher Education in 1999 from the University of Southampton in conjunction with Jersey

General Hospital. Since then, Claire has been awarded with BSc (Hons) in Clinical Practice and an MBA in Healthcare Management which complements her practical expertise, equipping her to analyse  complex issues critically and make informed, balanced decisions.

Claire's  career  reflects  a  consistent  dedication  to  improving  service  delivery, experience,  safety,  organisational  learning,  and  compliance  with  regulatory frameworks.

In addition to acute nursing at Health & Community Services (HCS), Claire has worked as a Clinical Educator, Patient Safety Officer and in governance and quality assurance roles. Upon leaving HCS, Claire led the development of the very first Care Standards under the Regulation of Care (Jersey) 2014 Law for the Jersey Care Commission where she facilitated stakeholder and public engagement.

Complaints, concerns and investigations have been a consistent theme throughout most of  Claire's  career;  managing,  investigating,  responding,  resolving  and  reviewing complaints processes to inform learning, improvement and to ensure fairness.

Currently, Claire serves as Director of Governance and Care at Family Nursing & Home Care  (FNHC).  As  a  senior  leader,  she  oversees  governance,  education,  quality assurance, statutory compliance and clinical operations for the diverse community healthcare services provided. Under her leadership, FNHC has implemented advanced risk  management  and  patient  safety  processes,  enhanced  complaint  resolution mechanisms, and fostered a culture of learning and safety recognised at national awards.

Beyond her professional roles, Claire is the Safeguarding Officer for Jersey Rugby Football  Club  where  Claire  can  apply  transferable  skills  to  ensure  that  there  is compliance with RFU regulations and best practice to keep children and young people safe.

Pawel Zalewski

Pawel  is  an  experienced  financial  services  professional  with  a  comprehensive understanding  of  internal  control  and  regulations  within  Wealth  Management environment. He has nearly 20 years of experience working in local finance industry, gained at three different global banks. Pawel has been with his current employer for over 13 years, where he has worked in various senior roles in Risk & Compliance functions.

Pawel has practical knowledge of identification, implementation and monitoring of an effective control environment and governance framework. He also efficiently manages relationships  with  internal  stakeholders,  Senior  Management,  auditors  and  local regulator. He has extensive experience as a key stakeholder with a variety of regulatory & risk mitigation projects and incentives.

He is currently the Chair of the Investment Governance & Oversight Committee, a voting member for several other governance committees, including Notable Complaints

Committee. In his previous roles, he was responsible for investigating complaints and providing recommendations to the business how they should be remediated.

On a personal level, Pawel was successful in a resolution of a complaint against his financial services provider, which ended up being referred to the CIFO. He  also represented his wife during an investigation by JACS against her previous employer, when it was believed she was treated unfairly. Thanks to his fact finding and negotiating skills, the case was settled amicably without the need of being referred to the Court.