Number of complaints about Employment Tribunal Judges in England

Katarzyna made this Freedom of Information request to Judicial Conduct Investigations Office Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

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Response to this request is long overdue. By law, under all circumstances, Judicial Conduct Investigations Office should have responded by now (details). You can complain by requesting an internal review.

Dear Judicial Conduct Investigations Office,

Please provide by return the following information held by JCIO requested under FOIA 2000.

The number of complaints laid before and received by the JCIO by members of the public or legal profession against the following from 2007 to 2021:

1. All Employment Tribunal Judges in England, including Regional;
2. Employment Tribunal Manchester Judges, including Regional;
3. From Par.1 how many were concerning bias,perversity and or discrimination of Parties;
4. From Par.1 how many were related to discrepancies in judgment/decision delivered vs hearing recollection.

Yours faithfully,

Katarzyna Paczkowska

Thank you for your email. This an automated response. Please do not
reply.

This email address is for general enquiries only. We aim to reply to
enquiries within 10 working days.

We do not accept or respond to complaints sent to this email address. If
you wish to make a complaint, please submit your complaint on our
[1]online portal.

If you have not made a complaint this way before, you will need to
register first before you can submit your complaint.

We do not respond to requests to intervene in court cases, requests for
advice about court procedures or requests for legal advice.

We suggest seeking advice from a solicitor, law centre or the Citizens
Advice Bureau.

Before making a complaint, please read the [2]guidance on our website
about the types of complaints we can and cannot accept. Complaints which
are outside our statutory remit will be rejected.

Complaints about judges and coroners

Make your complaint using our [3]online portal.

Complaints about magistrates (justices of the peace)

Send your complaint to the relevant local [4]advisory committee.

Complaints about tribunal judges and members

Send your complaint to the relevant tribunal [5]president’s office.

Your personal data

You can find information about how the JCIO collects and processes
personal data in our [6]Privacy Notice.

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2. https://www.complaints.judicialconduct.g...
3. https://jcio.microsoftcrmportals.com/
4. https://www.complaints.judicialconduct.g...
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Thank you for your email. This an automated response. Please do not
reply.

This email address is for general enquiries only. We aim to reply to
enquiries within 10 working days.

We do not accept or respond to complaints sent to this email address. If
you wish to make a complaint, please submit your complaint on our
[1]online portal.

If you have not made a complaint this way before, you will need to
register first before you can submit your complaint.

We do not respond to requests to intervene in court cases, requests for
advice about court procedures or requests for legal advice.

We suggest seeking advice from a solicitor, law centre or the Citizens
Advice Bureau.

Before making a complaint, please read the [2]guidance on our website
about the types of complaints we can and cannot accept. Complaints which
are outside our statutory remit will be rejected.

Complaints about judges and coroners

Make your complaint using our [3]online portal.

Complaints about magistrates (justices of the peace)

Send your complaint to the relevant local [4]advisory committee.

Complaints about tribunal judges and members

Send your complaint to the relevant tribunal [5]president’s office.

Your personal data

You can find information about how the JCIO collects and processes
personal data in our [6]Privacy Notice.

References

Dear Judicial Conduct Investigations Office,

The response to my request has been delayed. By law, the authority should normally have responded promptly and by 20 June 2022.

Please provide required information.

Yours faithfully,

Katarzyna Paczkowska

Thank you for your email. This an automated response. Please do not
reply.

This email address is for general enquiries only. We aim to reply to
enquiries within 10 working days.

We do not accept or respond to complaints sent to this email address. If
you wish to make a complaint, please submit your complaint on our
[1]online portal.

If you have not made a complaint this way before, you will need to
register first before you can submit your complaint.

We do not respond to requests to intervene in court cases, requests for
advice about court procedures or requests for legal advice.

We suggest seeking advice from a solicitor, law centre or the Citizens
Advice Bureau.

Before making a complaint, please read the [2]guidance on our website
about the types of complaints we can and cannot accept. Complaints which
are outside our statutory remit will be rejected.

Complaints about judges and coroners

Make your complaint using our [3]online portal.

Complaints about magistrates (justices of the peace)

Send your complaint to the relevant local [4]advisory committee.

Complaints about tribunal judges and members

Send your complaint to the relevant tribunal [5]president’s office.

Your personal data

You can find information about how the JCIO collects and processes
personal data in our [6]Privacy Notice.

References

Dear Judicial Conduct Investigations Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Judicial Conduct Investigations Office's handling of my FOI request 'Number of complaints about Employment Tribunal Judges in England'.

My request was not answered and is now delayed. I have chased response once.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,

Katarzyna Paczkowska

Thank you for your email. This an automated response. Please do not
reply.

This email address is for general enquiries only. We aim to reply to
enquiries within 10 working days.

We do not accept or respond to complaints sent to this email address. If
you wish to make a complaint, please submit your complaint on our
[1]online portal.

If you have not made a complaint this way before, you will need to
register first before you can submit your complaint.

We do not respond to requests to intervene in court cases, requests for
advice about court procedures or requests for legal advice.

We suggest seeking advice from a solicitor, law centre or the Citizens
Advice Bureau.

Before making a complaint, please read the [2]guidance on our website
about the types of complaints we can and cannot accept. Complaints which
are outside our statutory remit will be rejected.

Complaints about judges and coroners

Make your complaint using our [3]online portal.

Complaints about magistrates (justices of the peace)

Send your complaint to the relevant local [4]advisory committee.

Complaints about tribunal judges and members

Send your complaint to the relevant tribunal [5]president’s office.

Your personal data

You can find information about how the JCIO collects and processes
personal data in our [6]Privacy Notice.

References

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Dear Katarzyna Paczkowska

Please find attached the response to your enquiry.

Yours sincerely,

[1]Ministry of Justice Disclosure & Library Team,
Information Services Division

Security and Information Group

Post Point 5.22

102 Petty France

London

SW1H 9AJ

Find out more on [2]People
Finder

References

Visible links
2. https://peoplefinder.service.gov.uk/team...
3. https://twitter.com/MoJGovUK

Dear Judicial Conduct Investigations Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Judicial Conduct Investigations Office's handling of my FOI request 'Number of complaints about Employment Tribunal Judges in England'.

"The MoJ does not hold any information in the scope of your request. The JCIO is not a public authority within the meaning of section 3"

1. Past requests to JCIO has been responded to by/as a PUBLIC AUTHORITY
https://www.whatdotheyknow.com/body/jcio

2.It appears to refuse my request because it isn't collecting information it should and is collecting for all other Courts but not Employment Tribunals - you can see this in statistics presented in Annual Reports:
https://www.complaints.judicialconduct.g...

e.g. none of JCIO Disciplinary Statements published relate to Employment Tribunal Judges but other Judges appear to be disciplined for similar or less: my Employment Tribunal Judgment was delayed 11 months! without any consequences and all complaints disregarded.

Statement1222 a fee-paid judge of the First-Tier Immigration and Asylum Chamber, with a formal
warning for failing to issue timely decisions in several cases

Statement3321 a District Judge formal advice following the investigation of a complaint that he had not
issued a judgment until seven months after hearing a case

3. It's designated web page is a Government domain:
www.complaints.judicialconduct.gov.uk

4. It claims to be a STATUTORY BODY handled by the Ministry of Justice, as per S.5(1)

"The Judicial Conduct Investigations Office (JCIO) is an independent statutory body which supports the Lord Chancellor and Lord Chief Justice in their joint responsibility for judicial discipline."JCIO web page

"The Judicial Conduct Investigation Office is part of the ministry of Justice. It was formerly known as the Office for Judicial Complaints. "WHATDOTHEYKNOW

5. FOIA 2000 provides in Schedule 1 for Any government department and JCIO appeals body is listed in Schedule 1 and referred on JCIO web page:

SCHEDULE 1
1Any government department

[F245The Judicial Appointments and Conduct Ombudsman.]

6. It collects information for all Courts:

e.g.
https://www.complaints.judicialconduct.g...
In those Reports:
There are near 70% COMPLAINTS receipts EACH YEAR on basis of UNFAIR OR INCORRECT JUDICIAL DECISION/CASE MANAGEMENT:
2014/2015 those complaints were 1570 out of 2432 total 64%
2015/2016 1862/3271 57%
2016/2017 1220/2652 46%
2017/2018 1506/2471 60%
2018/2019 1173/1672 70%
2019/2020 851/1292 66%
2020/2021 868/1236 70%

Please review your status as not a Public Authority for the FOIA 2000 purpose urgently.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,

Katarzyna Paczkowska

Thank you for your email. This an automated response. Please do not
reply.

This email address is for general enquiries only. We aim to reply to
enquiries within 10 working days.

We do not accept or respond to complaints sent to this email address. If
you wish to make a complaint, please submit your complaint on our
[1]online portal.

If you have not made a complaint this way before, you will need to
register first before you can submit your complaint.

We do not respond to requests to intervene in court cases, requests for
advice about court procedures or requests for legal advice.

We suggest seeking advice from a solicitor, law centre or the Citizens
Advice Bureau.

Before making a complaint, please read the [2]guidance on our website
about the types of complaints we can and cannot accept. Complaints which
are outside our statutory remit will be rejected.

Complaints about judges and coroners

Make your complaint using our [3]online portal.

Complaints about magistrates (justices of the peace)

Send your complaint to the relevant local [4]advisory committee.

Complaints about tribunal judges and members

Send your complaint to the relevant tribunal [5]president’s office.

Your personal data

You can find information about how the JCIO collects and processes
personal data in our [6]Privacy Notice.

References

D0003 Paczkowska JCIO Response.pdf

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Dear Katarzyna Paczkowska,

Thank you for contacting the Judicial Conduct Investigations Office.

Please find the response to your request, attached.

Yours sincerely

Alex

Alexander Brown

Senior Caseworker

Judicial Conduct Investigations Office

80-82 Queen’s Building

Royal Courts of Justice

[1]https://judicialconduct.judiciary.gov.uk/

References

Visible links
1. https://judicialconduct.judiciary.gov.uk/

Dear BROWN, Alexander (JCIO),

Re: Request for further clarification

Thank you for prompt response.
In your response you state:"Any information previously provided to requesters under the terms of the Act should have been provided on a discretionary basis outside the scope of the Act. Any future requests for
information will be considered on the same basis. This is our position. "

Please provide information requested by me on a discretionary basis to [email address]
If you refuse to provide information, please provide full reasons why am I being treated less favorably than other Users who obtained information.

Note it maybe helpful to know, that all complaints about Employment Tribunal Judges are being primarily sent, as per JCIO guidelines, directly to the ET President on: [email address]

"The JCIO cannot consider complaints about magistrates, tribunal judges or tribunal members.
Complaints about magistrates are considered by the relevant advisory committee. Complaints
about tribunal judges or tribunal members are considered by the chamber president."

However as a Claimant, I am bound not to contact ET President with my FOIA request due to judicial independence and or ongoing case. If however the Policy state otherwise, please advice.

Therefore Employment Tribunal's Judges complaints - the receipts and outcomes are omitted from JCIO statistics, as per other Courts.

ICO is investigating this inconsistency.

Original request link:
https://www.whatdotheyknow.com/request/n...

Yours sincerely,

Katarzyna Paczkowska

Dear Judicial Conduct Investigations Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Judicial Conduct Investigations Office's handling of my FOI request 'Number of complaints about Employment Tribunal Judges in England'.

Despite best efforts to obtain this, otherwise published data for all Courts(but Tribunals), including following complex appeal process, I wasn't able to receive required information.

JCIO Annual Report published on the 14 Jun 2023 [https://www.complaints.judicialconduct.g..., indicated a reference to successful Judicial Discipline Consultation[https://www.gov.uk/government/consultati... on proposals about the judicial disciplinary system in England and Wales run from 15 Nov 2021 to 07 Feb 2022, with a response and agreed recommendations published on the 08 Aug 2022!
This Consultation is missing also from the MOJ Consultation Hub for some reason [https://consult.justice.gov.uk/consultat...
and JCIO Annual Report 2021/2022 (New) did not include link to the Consultation, despite it specifically highlighted the text as a link. So it is really difficult to locate.
My first complaint to the ICO was on 11 Jul 2022 (Consultation outcome was known on 08 Aug 2022). This is because JCIO/MOJ acted oblivious to my request and treated me like a lunatic seeking unimaginable things, rather than seeking reassurance to what I was being entangled in without fore-warning.

At no point was I made aware during the FOIA and appeal process of the findings of the above relevant Consultation. Nor did General Regulatory Chamber Tribunal for that matter, being to an extent mislead on material facts (separate application will follow to GRC).

Summary of those agreed proposals in regards to JCIO and Employment Tribunals read:

1. ‘To review the judicial disciplinary system in England and Wales, and to make recommendations to ensure that the consideration of complaints about misconduct is proportionate, efficient, fair and strikes the right balance between confidentiality and transparency.’

2.Developing new statutory rules and regulations, which will improve complaint-handling processes.

3. Transferring responsibility for dealing with complaints about tribunal judges and non-legal members from chamber presidents to the JCIO. This will reduce the burden of work on chamber presidents, eliminate the risk of conflicts arising between their pastoral and disciplinary roles, and promote a more consistent approach to dealing with complaints.
-The consultation document included a high-level assessment, derived from information provided by chamber presidents’ offices, that judicial and staff time spent of dealing with complaints equates to a cost of approximately £280,000 per year whereas the extra cost to JCIO of taking on this additional work was estimated to equate to a cost of £170,000 per year.
-Having consulted chamber presidents’ offices, the JCIO estimates that the extra cost of taking on this additional work would be £170,000 per year, based on 700–800 more complaints per year (2020tbc).

4. Providing the public and the judiciary with more information about the disciplinary system, including publishing more information about disciplinary decisions and a more detailed JCIO annual report.

-A wider range of statistics about complaint types and outcomes

-More information about the reasons for sanctions given and the nature of the cases in question

-We agree with the majority of respondents that the proposed measures will improve transparency and aid public understanding of the disciplinary system. We believe that this will in turn help to maintain public confidence in the system.

The Consultation Response with those agreed 40! proposals was on 08 Aug 2022. JCIO was tasked with the implementation. Yet in its Report on 14 Jun 2023, it says the changes will only be implemented in app a year!
"As some of the changes will not be implemented until parliament has approved new statutory regulations, we estimate that it will be approximately a year before all the changes have been implemented."

Please advice on progress in regards to the above proposals.

The information sought by me under FOIA, JCIO/MOJ/ICO claimed to be unavailable under Judicial Independence, it made public to some extent in the Consultation (700-800 Tribunals complaints a year) and the Consultation clearly states the current complaints process poses danger of conflict of its resolution and investigation:
"eliminate the risk of conflicts arising between their (Tribunal President's) pastoral and disciplinary roles, and promote a more consistent approach to dealing with complaints"JCIO

Please reconsider if you can provide breakdown of statistics, of this 700-800 complaints in 2020, how many relate to Employment Tribunals.
Response to my original request.

And an advice, what actions will be taken by MOJ for those of us (Employment Tribunal Claimants) who do feel their Employment Tribunal complaints were conducted 'in conflict' and not brought fair and just resolution. E,g. Judgmant in my case was delivered 11 months from the hearing, complaints not upheld, whereas District Judge was sanctioned publicly for 7 month delay.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,

Katarzyna Paczkowska

Thank you for your email. This an automated response. Please do not
reply.

This email address is for general enquiries only. We aim to reply to
enquiries within 10 working days.

We do not accept or respond to complaints sent to this email address. If
you wish to make a complaint, please submit your complaint on our
[1]online portal.

If you have not made a complaint this way before, you will need to
register first before you can submit your complaint.

We do not respond to requests to intervene in court cases, requests for
advice about court procedures or requests for legal advice.

We suggest seeking advice from a solicitor, law centre or the Citizens
Advice Bureau.

Before making a complaint, please read the [2]guidance on our website
about the types of complaints we can and cannot accept. Complaints which
are outside our statutory remit will be rejected.

Complaints about judges and coroners

Make your complaint using our [3]online portal.

Complaints about magistrates (justices of the peace)

Send your complaint to the relevant local [4]advisory committee.

Complaints about tribunal judges and members

Send your complaint to the relevant tribunal [5]president’s office.

Your personal data

You can find information about how the JCIO collects and processes
personal data in our [6]Privacy Notice.

References

Dear Judicial Conduct Investigations Office,(correction of links to documents)

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Judicial Conduct Investigations Office's handling of my FOI request 'Number of complaints about Employment Tribunal Judges in England'.

Despite best efforts to obtain this, otherwise published data for all Courts(but Tribunals), including following complex appeal process, I wasn't able to receive required information.

JCIO Annual Report published on the 14 Jun 2023
https://www.complaints.judicialconduct.g...
,indicated a reference to successful Judicial Discipline Consultation
https://www.gov.uk/government/consultati...
on proposals about the judicial disciplinary system in England and Wales run from 15 Nov 2021 to 07 Feb 2022, with a response and agreed recommendations published on the 08 Aug 2022!
This Consultation is missing also from the MOJ Consultation Hub for some reason
https://consult.justice.gov.uk/
and JCIO Annual Report 2021/2022 (New) did not include link to the Consultation, despite it specifically highlighted the text as a link. So it is really difficult to locate.
My first complaint to the ICO was on 11 Jul 2022 (Consultation outcome was known on 08 Aug 2022). This is because JCIO/MOJ acted oblivious to my request and treated me like a lunatic seeking unimaginable things, rather than seeking reassurance to what I was being entangled in without fore-warning.

Summary of those agreed proposals in regards to JCIO and Employment Tribunals read:

2.Developing new statutory rules and regulations, which will improve complaint-handling processes.

-A wider range of statistics about complaint types and outcomes

-More information about the reasons for sanctions given and the nature of the cases in question

Please advice on progress in regards to the above proposals.

Please reconsider if you can provide breakdown of statistics, of this 700-800 complaints in 2020, how many relate to Employment Tribunals.
Response to my original request.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,

Katarzyna Paczkowska

Thank you for your email. This an automated response. Please do not
reply.

This email address is for general enquiries only. We aim to reply to
enquiries within 10 working days.

We do not accept or respond to complaints sent to this email address. If
you wish to make a complaint, please submit your complaint on our
[1]online portal.

If you have not made a complaint this way before, you will need to
register first before you can submit your complaint.

We do not respond to requests to intervene in court cases, requests for
advice about court procedures or requests for legal advice.

We suggest seeking advice from a solicitor, law centre or the Citizens
Advice Bureau.

Before making a complaint, please read the [2]guidance on our website
about the types of complaints we can and cannot accept. Complaints which
are outside our statutory remit will be rejected.

Complaints about judges and coroners

Make your complaint using our [3]online portal.

Complaints about magistrates (justices of the peace)

Send your complaint to the relevant local [4]advisory committee.

Complaints about tribunal judges and members

Send your complaint to the relevant tribunal [5]president’s office.

Your personal data

You can find information about how the JCIO collects and processes
personal data in our [6]Privacy Notice.

References

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