Complaints

Grievances are frequently attributable to breakdowns in communication. The recommended starting point is for a complainant to attempt to seek resolution at the local Port Office where events surrounding the complaint have taken place. Initially, direct communication with Sea- Fisheries Protection Officers (SFPOs) carrying out the enforcement at the time the event arises may be of benefit in resolving issues arising at a local level. Direct, open communication at the time the event arises is often the best course of action for all concerned. Persons who feel aggrieved by the actions of any SFPA personnel should, on a timely basis, request of that person additional clarification regarding the basis for the actions taken or of other matters of perceived concern. Input from the SFPA Senior Port Officer responsible for the region where the event occurred can be requested to assist in reaching resolution. Complaints may be made on behalf of an individual by their Producer Organisation or other recognised representative organisation.

If the complainant feels their complaint is not sufficiently dealt with by the Senior Port Officer, the recommended route to take is to forward the complaint to the SFPA’s Head Office (see contact details below).

A complainant may also forward their complaint directly to the SFPA’s Head Office without input from the Senior Port Officer based where the event has occurred. However, it is strongly recommended that complaints are resolved locally, if at all possible. If the complaint is not resolved locally, the complainant can then forward their complaint to the SFPA’s Head Office.

Making a complaint to SFPA Head Office

A written complaint may be submitted to the SFPA, by post or email to its head office:

The complaint should bear the name, address and other contact details for the complainant, along with the subject matter of the complaint, including the date when the event arose together with any other relevant details. Complaints may be made on behalf of an individual by their Producer Organisation or other recognised representative organisation.

The SFPA will acknowledge receipt of the complaint within five working days, indicating the complainant’s right to make a complaint to the Section 49 Complaints Officer, where relevant. The SFPA will treat the complaint with due regard for the privacy and confidentiality of the complainant. The SFPA will examine the events surrounding the complaint. The investigation will be carried out by SFPA personnel, other than those involved in the events resulting in the complaint. As part of that investigation, SFPA may seek additional information or clarification from the complainant. If the Section 49 Complaints Officer is not involved, the SFPA will in ordinary circumstances provide a response to the complainant with the outcome of that investigation within 10 working days of receipt of the complaint.

Complainants can submit the necessary receipts associated with the complaint which will be reimbursed by the SFPA.

The SFPA has appointed a complaints officer from outside of the Authority to consider and report independently on complaints made under Section 49 of the Act. A written complaint may be submitted to the Complaints Officer by post to the following address:

Mr. Stephen O’Donoghue B.L.

18 Washington Street

Cork

T12 EWR5

Complaints under this procedure may only relate to the enforcement of sea fisheries or food safety law. Complainants may make a complaint to the Section 49 Complaints Officer at any stage within 28 days of the event. Complaints may be made on behalf of an individual by their producer organisation or other recognised representative organisation.

The Section 49 Complaints Officer may seek additional information from the complainant or the SFPA, and will then issue a report to the Authority within three months of receipt of the complaint in normal circumstances.  The SFPA will have regard to that report and advise the complainant and the Section 49 Complaints Officer of its decision on the matter within 10 working days of receipt of the report in normal circumstances.

Section 49 of the Act specifically precludes consideration of a complaint under that section if the subject matter relates to any matter subject to court proceedings before a court or other tribunal, or if it is subject to a complaint to the Ombudsman or an appeal to the Information Commissioner.

A complainant may forward their complaint directly to the Section 49 Complaints Officer within 28 days if the complaint relates specifically to the enforcement of sea fisheries or food safety law. However, it is recommended that the complaint is forwarded to the SFPA’s Head Office who can investigate if the complaint can be resolved at that point before forwarding to the Section 49 Complaints Officer. If it is found that the complaint relates specifically to the enforcement of sea fisheries or food safety law, the SFPA will forward the complaint to the Section 49 Complaints Officer.

If a complaint relates to a file that has been sent to the Director of Public Prosecutions, the Section 49 Complaints Officer will examine the complaint while ensuring that details provided do not prejudice future court proceedings.

If the complaint relates specifically to the administrative functions of the SFPA and is not resolved during investigations at the SFPA’s Head Office, the complainant has the option of forwarding the complaint to the Ombudsman.

If a complaint has not been resolved by the SFPA’s complaints procedures, and if the complaint concerns the administrative actions of the SFPA, the complainant can forward their complaint to the Ombudsman’s office by post to:

Tel: 01 639 5600

Ombudsman's Online Complaint Form

It is not recommended that a complainant directly contacts the Ombudsman office to investigate their complaint without availing of the SFPA’s complaints procedure. If a complainant contacts the Ombudsman’s office directly, staff at the Ombudsman will enquire if the complainant has followed the SFPA’s complaints procedure - the complainant will be requested to follow the SFPA’s complaints procedure first. If the complaint is not resolved during the SFPA’s complaints procedure, the Ombudsman will then examine the complaint with the assistance of the SFPA.  The Ombudsman will not consider a complaint if the subject matter relates to any matter subject to court proceedings.

Ombudsman for Children's Office 
If you are a child or young person under 18, or an adult who knows a child who you feel has been unfairly treated, or you are not satisfied with our decision on your complaint, it is open to you to contact the Ombudsman for Children’s Office. By law the Ombudsman for Children’s Office can investigate complaints about any of our administrative actions or procedures as well as delays or inaction in dealings with us. The Ombudsman for Children provides an impartial, independent and free complaints handling service.

Free Phone: 1800 20 20 40
Email: ococomplaint@oco.ie