JCIO 35/23

     

Complaint 1

A spokesperson for the Judicial Conduct Investigations Office said:

The Senior President of Tribunals, on behalf of the Lady Chief Justice and with the Lord Chancellor’s agreement, has issued Dr Malcolm Davies, a medical member of the Social Security and Child Support Tribunal with formal advice for inappropriate conduct during a hearing.

Judicial office-holders are required to ensure that their conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and litigants, in their personal impartiality and that of the judiciary.

At a hearing on 15 February, Dr Davies questioned an appellant in an inappropriate manner. This risked damaging the appellant’s confidence in the tribunal’s ability to deal with his appeal fairly and justly, resulting in the hearing being adjourned to enable it to be heard before a new panel. Dr Davies took full responsibility for his actions and apologised immediately at the hearing.

Following an investigation in accordance with the Judicial Conduct (Tribunals) Rules 2014, a Regional Tribunal Judge found that Dr Davies’s conduct at the hearing fell below that expected of a judicial office holder.

The Senior President of Tribunals and Lord Chancellor agreed with the judge’s findings, and issued Dr Davies with formal advice.

Complaint 2

A spokesperson for the Judicial Conduct Investigations Office said:

The Senior President of Tribunals, on behalf of the Lady Chief Justice and with the Lord Chancellor’s agreement, has issued Dr Malcolm Davies, a medical member of the Social Security and Child Support Tribunal, with a formal warning for inappropriate use of social media.

The Social Media Guidance for the Judiciary states that judicial office holders should ‘be aware of the risk of undermining trust and confidence in the judiciary by expressing, or appearing to endorse, views which could cast doubt on their objectivity’ Dr Davies identified himself on Twitter as a judicial office holder and published numerous tweets containing inappropriate political comments which could cast doubt on his impartiality and damage public confidence in the judiciary generally.

Following an investigation in accordance with the Judicial Conduct (Tribunals) Rules 2014, a Regional Tribunal Judge found that Dr Davies’s tweets constituted misconduct.

The Senior President of Tribunals and Lord Chancellor agreed with the judge’s findings, and issued Dr Davies with a formal warning.

 

Notes for Editors

 

Media queries in relation to the JCIO should be made in the first instance to the Judicial Press Office - telephone 020 7073 4852 or via email - press.enquiries@judiciary.gsi.gov.uk

 

Sanctions for misconduct by judicial office-holders are set out in the Constitutional Reform Act 2005. They are, in order of severity: formal advice, formal warning, reprimand and removal from office.

For more information about the Office, including details on how to make a complaint against a judicial office holder, you can visit the JCIO website at: Judicial Conduct Investigations website