Frequently Asked Questions
What types of complaint can be dealt with?
The types of complaint are fairly wide-ranging. The complaint could be one of maladministration, dishonesty, discourtesy, failure to provide a service, refusal to answer a question, refusal to rectify a mistake, unhelpfulness or any conduct which leads to a member of the public feeling a sense of injustice. The complaint could be made regarding any of these matters in relation to the FIG, the FIDC, FLH, FIMCO, the FITB, the FIMNT or the Media Trust.
Who can make a complaint?
A complaint has to be made either by or on behalf of an aggrieved person who is resident in the Falkland Islands. A "person" can also be a registered company
How to make a complaint?
A complaint has to be in writing and must be delivered to a Member of the Legislative Assembly. If the complaint is about an MLA, then the complaint has to be delivered to the Speaker of the Assembly. The MLA (or Speaker) will decide whether or not to forward the complaint to the Principal Complaints Commissioner.
Can I go straight to the Complaints Commissioner?
No, you have to go via an MLA (or the Speaker) in the first instance and they will decide if you have exhausted all internal complaints procedures first. The MLA (or Speaker) role is to act as a filter to decide if the complaint can go to the PCC.
Are there any time limits for complaints?
Yes....there is a time limit of three months from the date of the matter giving rise to the reason for the complaint.
If you are not sure of how to proceed after reading the FAQ's, you can make contact with the PCC, but only in order to get advice on how to complain. The PCC cannot give you a view on whether or not you should complain or any view on your complaint. That would be a matter for an MLA (or the Speaker) to advise on.
Are there any complaints that can't be dealt with by the PCC?
Yes, and these are very specific (refer to Schedule 2 of the Legislation on this site). Examples of the sort of matters that cannot be dealt with by the PCC are things like the proceedings of the Legislative Assembly, content of legislation, conduct of a member of the judiciary or any court proceedings. The PCC cannot influence these types of matters
What happens next if my complaint is accepted?
If the MLA (or Speaker) decides that you have grounds for making a complaint, they will collect the written submission and will send it to the PCC for consideration and will forward a copy of it to the Governor.
Will my complaint be confidential?
Your complaint will be dealt with in private. It may be made public by the PCC either in part or in full. This would very much depend on whether or not it is in the public interest and your own wishes. There are of course certain people who will see the complaint and the report on it. You will receive a copy, as will the Governor, the MLA who submitted the complaint on your behalf, the Chief Executive and the principal officer of the department or body concerned. Anyone who is the subject of the complaint will also receive the report as will each person who is criticised in the report or adversely affected.
What happens once the PCC report has been made?
Once the report has been submitted by the PCC, it is considered by Executive Council. A response will be made by Executive Council within three months. Any recommendations made by the PCC will be considered and either accepted or not accepted with reasons given as to why not. If recommendations are accepted, then the response will also say how appropriate action will be taken.
Will this change the way things are done?
That will depend on what recommendations (if any) are accepted. If recommendations made by the PCC are accepted, then yes, the way things are done or the way in which a matter is handled will be changed. The PCC acts completely independently of the Government and also the Judiciary. The aim is to have an independent view that can be helpful not only to the complainant but also to the government body concerned.