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What happens when your misconduct complaint is received

When the OJC receives your complaint and it is satisfied it is about conduct, it will send you an acknowledgment letter. It will then consider the issues you have raised and also the quality of evidence you have given.

• Read this first - Making a complaint about a judicial office holder

The complaint investigation

An investigation will be started if the evidence you have given is enough to support the complaint. The judicial office holder you are complaining about will be sent a copy of the complaint and asked for comments.

Some of the following steps may also be taken:

• you may be asked for further evidence
• any witnesses of the event may be asked to give evidence
• a recording of the hearing may be used to verify your evidence
• other people present at the hearing may be asked for further information

Outcomes of the initial investigation

The OJC aims to deal with your complaint and provide you with a full response within three months. The response will include whether any disciplinary action has been taken.

If the OJC decides that a judicial investigation is needed, the complaints process may take several months longer. You will be kept informed of the progress that is being made.

Further investigation into misconduct complaints

In some more serious cases of misconduct a senior judge may be asked to carry out an investigation into what has happened.

If your complaint is upheld by the Lord Chancellor or the Lord Chief Justice, the judicial office holder may be:

• advised
• warned
  
• removed

It is not usual to get compensation for losses caused by the misconduct of judicial office holders. An ex gratia (goodwill) payment may be made, but only in the most exceptional cases.

Role of the review body in misconduct cases

If the Lord Chancellor or the Lord Chief Justice recommend formal disciplinary action, the judicial office holder can ask for a review of the case.

A review body made up of two judicial office holders and two lay people will then look at the case. The review body has the final say on what action should be taken about the misconduct of a judicial office holder.

Complaints about judicial decisions

The OJC can’t consider any complaint about a judicial decision or the way in which your case has been handled. Examples of judicial decisions include:

• the length or type of sentence
• whether a claim can proceed to trial
• whether or not a claimant succeeds in their claim
• what costs should be awarded
• what evidence should be heard

The usual way to challenge this type of decision is to appeal.

If you are considering appealing a judicial decision, get legal advice so that you are fully aware of:

• what is involved
• what will be expected of you
• the level of cost involved

The bodies listed below may be able to provide you with advice and tell you more about what is involved in an appeal:

• Community Legal Advice
• The Law Society, which has a list of local solicitors
• The Law Centres Federation, which has a list of local law centres
• Citizens Advice Bureau

If you are unsure about whether your complaint relates to a judicial decision or personal misconduct, contact the Office for Judicial Complaints enquiry line.

Telephone: 020 3334 0145

Minicom: 020 3334 0146

• Community Legal Advice

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