The procedure on filing a complaint

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How to file a complaint?

The Complaints Commissioner (Ombudsman) Ordinance 2015 stipulates that:

"All complaints must be in writing and should be made not later than twenty-four (24) months from the day on which the aggrieved person first had notice of the matters alleged in the complaint."

Complaints can be submitted in person at our office or by email. Upon receipt of a complaint, it will be carefully and thoroughly scrutinized, then investigated to obtain substantial evidence from documents and witnesses that will be interviewed from both parties involved in the most confidential manner, without prejudice, to promote justice within the public service.

Categories of Complaints

There are Complaint which do not fall in the jurisdiction of the OCC; for example,  

  1. Matters Certified by the Governor to affect relations and dealings between the Turks and Caicos Islands Government and any other Government or international Government or state.
  2. Extradition or fugitive offenders
  3. Action taken by the Attorney General, Director of Public Prosecution, Commissioner of Police, Director of Immigration or Collector of Customs for purpose of investigating crimes or protection od security
  4. The commencement of Civil or Criminal Proceedings before the Court in Turks and Caicos Islands or international Court or Tribunal.
  5. Action taken in respect of appointments or removals, pay, discipline, or other personal matters other than superannuation (retirement) in relation to:
  6. Service in any office or employment under the government; or
  7. Service in any office or employment, or under any contract for services, in respect of which powers to take action,
  8. or to determine or approve the action to be taken in such matters, is vested in the government.

 Prior to filing a complaint with The Office of The Complaints Commission the Complainant must exhaust all avenues with the Government Department who the complaint is being made against.

The Investigation Procedure

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What cannot be investigated?

By Law the Complaint Commissioner cannot investigate the individuals listed below in relation to complaints for investigation concerning the following persons or bodies as laid out under the Constitution in Schedule 1, Section 4 of the Complaints Commission (Ombudsman) Ordinance 2015:

  • The Governor
  • Cabinet
  • House of Assembly
  • The Chief Justice and any Judge of the Supreme Court and any Judge of the Court of Appeal
  • The Magistrate
  • The Police
  • The Chief Auditor and staff

What takes place after an investigation

  • If, at the conclusion of an investigation, the Commissioner determines that there is no evidence of maladministration on the part of the authority that is the subject of the investigation, the Commissioner shall record his decision and the reasons in writing and, as soon as is reasonable, notify the complainant and the senior officer of an authority of the decision.
  • The Commissioner may indicate in the notice under subsection (1) any other recourse that may be available to the complainant.
  • If, at the conclusion of an investigation, the Commissioner decides that there is evidence of maladministration on the part of the authority, the Commissioner shall report his decision to the senior officer of the authority and the complainant and make such recommendation to the authority as he sees fit.
  • Without limiting subsection (3), the Commissioner may recommend that—
    • a matter should be referred to an appropriate authority for further consideration;
    • an omission or a delay should be rectified;
    • a decision or recommendation should be cancelled or altered;
    • reasons should be given;
    • a practice, procedure or course of conduct should be altered; or
    • an enactment should be reviewed.
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Location

Tony Clarke's Building
Waterloo Road
Grand Turk
Turks and Caicos Islands

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