A new protocol has been announced to support legal professionals who wish to raise concerns about judges’ behaviour – by formalising an already existing approach.
A joint statement from the lady chief justice, the senior president of tribunals, and the Bar Council’s commissioner for conduct Dame Maria Miller today set out a ‘shared commitment to creating and maintaining an environment in courts and tribunals where judicial office holders, legal professionals, court staff, and all other court users are treated with courtesy and respect’.
The protocol aims to give ‘greater clarity’ on how concerns can be raised and addressed, whether directly, via the commissioner for conduct or through a senior member of the bar. It ‘formalises and strengthens’ the way legal professionals can raise concerns and how those concerns are addressed.
The protocol follows Baroness Harman’s independent review of bullying, harassment and sexual harassment which was published last year. She noted that, during her review she received ‘abundant, disturbing and compelling accounts of judicial bullying’. In most cases, no complaints had been made ‘for fear of repercussions’.
The protocol covers the procedure for raising concerns informally via either a direct or indirect approach and the expected action following a concern being raised. The bar commissioner for conduct can now take complaints forward under the judiciary’s protocol to support legal professionals who wish to raise concerns informally.
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The joint statement said the commissioner for conduct can attend any court or tribunal to observe any public hearing without seeking prior approval or giving notice. If the commissioner wishes to meet judicial officer holders to discuss bullying, harassment, discrimination and exclusionary behaviour she will need to seek advance approval from the lady chief justice or the senior president.
Although the judiciary will encourage office holders to engage with the commissioner for conduct, engagement will remain voluntary.
Announcing the protocol, the judiciary said: ‘Informal routes are often the most appropriate first step for less serious issues, allowing for early and proportionate resolution.’
Around half of the reports about bullying, harassment and inappropriate behaviour submitted via Talk to Spot, the Bar Council’s anonymous reporting tool, relate to judges’ behaviour.
Lady Justice Whipple, lead judge for diversity and inclusion, leadership, development and wellbeing, said: ‘This protocol formalises and improves a process that has long existed – giving legal professionals clarity about how they can raise concerns informally. The judiciary is committed to upholding the highest standards of integrity, fairness and respect.'
‘While the majority of judicial office holders behave professionally and courteously, we take concerns about bullying harassment and discrimination very seriously and are committed to providing clear, accessible routes for legal professionals working in our courts and tribunals to raise and resolve concerns about a judge’s behaviour.’
The protocol does not replace the formal complaints process. More serious concerns and complaints or where there are continued concerns after informal resolution should continue to be referred to the Judicial Conduct Investigations Office (JCIO) who is responsible for formal complaints against judicial office holders.
As well as the protocol, the judiciary’s ‘package of measures’ includes mandatory training on identifying and addressing exclusionary behaviours for leadership judges; wider training to support judges in recognising and challenging bullying, harassment, discrimination and exclusionary behaviour in all settings; and making reporting routes, advice and resources on bullying harassment and discrimination more accessible for judges and legal professionals.
Dame Miller said: ‘I am pleased we have established this agreement which is an important piece in the jigsaw to breaking down reporting barriers.
‘This agreement, together with the joint protocol the Bar Council has agreed with the Bar Standards Board, helps address key issues identified in the Harman review. The agreement sets out a shared commitment that courtrooms are a place of respect and courtesy and will help make sure reports to the commissioner about judicial behaviour can be taken forward in an appropriate way.’
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