how many complaints were made between Jan 2017 and August 2018 about Judge Alison McKenna's 'failure to declare a potential conflict of interest'

Dear Judicial Conduct Investigations Office,
How many misconduct complaints were made about Judge Alison McKenna's 'failure to disclose a potential conflict of interest' during the period Jan 2017 and Aug 2018?

In 20 Feb 2019, Judge McKenna interrupted her busy schedule to 'rehear' my case. A few days earlier, Registrar Worth had upheld an ICO 'strike out' application designed to stop me exposing ICO malpractice at a GRC oral hearing. I'd criticised the Registrar's appalling Decision Notice and Judge McKenna said in her ruling she was 'considering the matter afresh' to decide whether she 'herself would strike out this appeal' - i.e. she's 'rehearing' my case. Curiously, the email containing her decision expressly says 'it's not possible to re-hear my case' but perhaps very senior judges like McKenna (she's the GRC Chamber President) have supreme powers to forget about rules. She supported the Registrar's Decision (!) and also upheld the ICO 'strike out' but unfortunately she had an extraordinary memory lapse: she says the Registrar CORRECTLY made the strike out because I couldn't prove 'an error in law' in the ICO Decision. Oh dear - there's no mention of 'error in law' by the Registrar. Judge McKenna's attribution of the 'error in law' condition is completely false.
Five months later, I make an Out of Time application to take my appeal against the ICO decision to the Upper Tribunal. I never anticipated Judge McKenna would hear what was basically the same case. Surely she must 'disclose a potential [in this case 'actual'] conflict of interest'. Following that disclosure she would feel obliged to recuse herself and ask one of the 19 other GRC judges available to hear my case in her place. So who hears my case? Judge McKenna. She ignores everything I said in my OOT application, all my arguments about her 'error in law' condition, and claims health problems (which she says can be a good reason for a delayed application) are unsupported by any evidence. Really? I've cited my Pacemaker operation in Oct 2018, frequent, on-going consultations with my specialist (Dr Nicos Spyrou) at Reading Berks Hospital and an angiogram/angioplasty operation scheduled for 2 Aug. She made her judgement 36 hours after receiving my application. She had only to email me requesting hospital appointment forms and she'd have had them 48 hrs later. She got them as soon as I received her Ruling. They were later returned - no apology.
I complained to the JCIO about her 'failure to disclose a potential conflict of interest' only to discover the website I'd looked at was an out of date one. Six months earlier it was 'one of the things you could complain about' - it's mentioned in the online journal Tribunals Ed 1 2018 by Judge Richard Byrne. Unfortunately some time in 2018 (the JCIO in an FOI Response were hazy about dates!) it had been removed from the list of things you could complain about - but NOT placed in the list of 'things you couldn't complain about'. She'd escaped by the skin of her teeth.
Curiously in the JCIO Annual Report 2018-19 there's no mention at all of the radical and highly controversial changes to the lists of things you could complain about and things you couldn't complain about. The things you COULD complain about had reduced from 6 to 4, and things you COULDN'T complain about had MASSIVELY increased from 8 to 18! But then why would you mention such a radical procedural change in an Annual Report?

Yours faithfully,

Dudley Jones

JCIO General Enquiries, Judicial Conduct Investigations Office

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Rasul, Nazir (JCIO), Judicial Conduct Investigations Office

5 Atodiad

Dear Mr Jones


Please find attached a response to your FOI request.




Nazir Rasul

Senior Caseworker

Judicial Conduct Investigations Office


81-82 Queens Building 

Royal Courts of Justice


020 7071 5679


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