Complaint Procedures

Complaint Procedures

Requirements of the complaint according to the National ordinance Ombudsman:

  • must be in writing;
  • must have the name and address of the complainant;
  • clear description of the conduct against which the complaint is directed;
  • indication of the institution and, where applicable, the official against whom the complaint is directed;
  • a description where, when and against whom conduct took place;
  • why the complainant feels affected by the conduct;
  • date of conduct;
  • the complainant must notify the government body, or if applicable the civil servant about the grievances; they must be given ample time (at least one month) to respond/deal with the complaint.

Who can file a complaint?

(art. 1 section 2 jo art. 15 section 1)

Everybody (natural persons and legal entities) has the right to file a complaint at the Ombudsman against the conduct of a civil servant or member of a government body in executing his duty.

What is a complaint?

A complaint is an expression of a grievance about the conduct/behavior of a government body; an action or non-action in a specific situation.

The complaint has to be (art. 15):

  • first filed with the pertinent government body
  • submitted in writing

Complaint forms are available online or at the office, situated at E.C. Richardson Street no. 13, Great Bay, Sint Maarten.

Against whom can you file a complaint?

Government bodies pursuant to art. 2 section 1 LAR: a person or a body charged with public authority.

Excluded are:

Parliament, Court of Justice and the Electoral Board.

LAR=” Landsverordening Administratieve Rechtspraak” (English: National Ordinance Administrative Law)

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General Complaints Procedures