Government of Jersey

Details of discrimination complaints (FOI)

Produced by the Freedom of Information office
Authored by Government of Jersey and published on 07 January 2022.
Prepared internally, no external costs.

Request

Please provide details of all complaints of discrimination made against the States since the Discrimination Law first came into force.

Please break this down by year, department and the nature of the complaint (e.g. race / disability / age).

Please also provide details as to how these complaints were resolved, whether disciplinary action was taken, and whether any financial settlements were made.

Response

The department does not hold any centralised data between 2013 and 2017 to provide a response. As the information is not held, Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

The information for 2018 to 2021 is provided in the table below.

Year	Discrimination	Department
2018	<5 Gender	Health & Community Services Non-Ministerial
2019	<5 Gender	Infrastructure, Housing & Environment Health & Community Services
2020	<5 Race <5 Disability <5 Sex	Chief Operating Officer Health & Community Services Children, Young People, Education & Skills Infrastructure, Housing & Environment Justice & Home Affairs
2021	<5 Disability <5 Race <5 Age	Customer & Local Services Children, Young People, Education & Skills Justice & Home Affairs Chief Operating Officer

No further details on each complaint of discrimination can be provided due to the sensitivity of the data. Article 25 of the Freedom of Information (Jersey) Law 2011 (personal information) has been applied.

The complaints were resolved using mediation, conciliation, JAC’s (Jersey Appointments Commission) agreement, training and development. Restorative practice is now being used to ensure that we act with balance and fairness ensuring employees take responsibility for their actions. We do not seek to blame when something goes wrong but understand what went wrong and why. We also gather “lessons learnt” to avoid and prevent similar incidents.

Between 2018 and 2021 we have had the following resolutions related to complaints cases:

Resolution Action	Total Number (2018-2021)
No Further Action / Withdrawn / Case Dismissed	<5
Financial Settlement	8
Training	5
Suspension	<5

Release of specific details regarding the resolution of a complaint may lead to the release of personal identifiable information which would breach the privacy of the individual(s) concerned. Therefore, Article 25 of the Freedom of Information (Jersey) 2011 Law (personal information) has been applied.

Article applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a) it is held by the authority, otherwise than on behalf of another person; or

(b) it is held by another person on behalf of the authority.

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2) Information is absolutely exempt information if – (a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and (b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

(3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.