Commissioner for Complaints
The Commissioner for Complaints (NI) Order 1996 continues the Northern Ireland Commissioner for Complaints in existence. The Commissioner is appointed by Her Majesty and can only be removed in consequence of an Address from the Assembly or upon reaching retirement age.
The office may be declared vacant by Her Majesty if she is satisfied that the person is incapable, for medical reasons, of performing the duties of the office and is incapable of requesting to be relieved of it. The office is independent, and the salary may not be reduced. A person who is a member of a health and social care body may not be appointed as Commissioner.
The Commissioner is responsible for appointing officers and employees with the approval of the Department, determining their numbers, and setting conditions of service.
The Commissioner has powers over a wide range of public sector bodies, including:
- Agri-food and Biosciences Institute
- Appeal Officer for Community Interest Companies
- Arts Council of Northern Ireland
- Chief Inspector of Criminal Justice for Northern Ireland
- Commission for Victims and Survivors for Northern Ireland
- Council for Catholic Maintained Schools
- District councils and joint district committees
- Education and Library Board
- Enterprise Ulster
- General Consumer Council for Northern Ireland
- Harbour authorities
- Health and Safety Agency for Northern Ireland
- Health and social care trusts
- Industrial training board
- The Livestock and Meat Commission for Northern Ireland
- The Labor Relations Agency
- The National Board for Nursing, Midwifery and Health Visiting
- Northern Ireland Community Relations Council
- Northern Ireland Council for Curriculum, Examinations and Assessment
- Northern Ireland Council for Postgraduate Medical and Dental Education
- Northern Ireland Fishery Harbours Authority
- Northern Ireland Housing Executive
- Northern Ireland Library Authority
- Northern Ireland Legal Services Commission
- Northern Ireland Museums Council
- Northern Ireland Policing Board
- Northern Ireland Practice and Education Council for Nursing and Midwifery
- Northern Ireland Social Care Council
- Northern Ireland Tourist Board
- Patient and Client Council
- Probation Board for Northern Ireland
- Regional Agency for Public Health and Social Well-being
- The Regional Business Services Organisation
- Regional Health and Social Care Board
- Registered housing associations
- Regulators of Community Interest Companies
- The Rural Development Council
- Sports Council for Northern Ireland
- The Staff Commission for Education and Library Boards
- Ulster Sheltered Employment Limited
- Youth Council for Northern Ireland
The Department may amend the bodies subject to the Commissioner of Complaints Authority.
The Commissioner does not have jurisdiction over a department or bodies that do not exercise statutory functions or have their expenses substantially defrayed out of public funds.
The Commissioner may investigate actions taken by or on behalf of a body in the exercise of its administrative functions. This includes actions taken in relation to appointments or employment for which the power to take action or approve action is vested in the body.
The Commissioner may investigate actions based on a complaint made by a person who claims to have suffered injustice as a result of maladministration related to the action taken. Maladministration may arise in relation to a health and social care trust, from the body itself, persons employed by it, or acting on its behalf, or a delegatee.
The Commissioner cannot question the merits of a decision made without maladministration when exercising discretion vested in the body.
Where a general healthcare provider has undertaken to provide healthcare, the Commissioner may investigate actions taken by the provider in connection with the services, actions of persons employed by the provider, actions by persons employed on their behalf, and delegatee actions. The Commissioner may only investigate these matters if a complaint is made in accordance with the order by a person who claims to have suffered injustice due to the action taken, along with a request to investigate.
Similar provisions apply to independent providers offering services in the health and social care sphere.
The Commissioner cannot investigate matters described in Schedule 3, except where:
- The commencement of the conduct of civil or legal proceedings is concerned.
- Action was taken to investigate by the Attorney General with a view to undertaking proceedings. However, if the Attorney General decides not to proceed with an investigation or institute proceedings, or if a person aggrieved complains after the termination of the proceedings that the action resulted in them suffering injustice due to maladministration and the injustice has not been remedied, the Commissioner may investigate such action if satisfied that there are reasonable grounds for the complaint, notwithstanding the normally applicable timeframe.
The provisions restricting jurisdiction may be changed by order.
The Commissioner shall not conduct an investigation in respect of a matter in which a person aggrieved who has or had a right of appeal, complaint, reference, or review or before a tribunal constituted under statute or otherwise. Or if action has a remedy by proceedings in a court of law.
However, the Commissioner may still conduct an investigation if, in the particular circumstances, it is not reasonable to expect the person to resort to a remedy or if the person, having exercised a right, complains that the injustice remains unremedied and the Commissioner is satisfied that there are reasonable grounds for the complaint.
The Commissioner is not to conduct an investigation into any matter that has been the subject of a statutory inquiry.
Where a complaint can be made under a procedure operated by a health and social care body or provider, an investigation is not to be conducted in respect of the action by the Commissioner unless the other procedure has been invoked and exhausted, or in the particular circumstances, it is not reasonable to expect that the procedure be invoked or exhausted.
The Commissioner is not to investigate actions taken by a health or social care board under certain provisions and powers set out in the legislation.
Complaints may be made by any person other than a department, district council, a public body in Northern Ireland or the United Kingdom, or a member of the body against whom the complaint is made.
A complaint shall not generally be entertained unless the person aggrieved himself makes the complaint. If the person has died or is unable to act, it may be made by a personal representative or a member of his family or other suitable person to represent him.
The complaint must be in such a form, containing such particulars as may be prescribed, except that complaints should be made separately for each alleged separate injustice. The complaint must generally be made within six months from the day on which the person aggrieved first had knowledge of the matters alleged in the complaint.