JCIO 62/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lord Chancellor, with the Lady Chief Justice’s agreement, has removed Mr Phillip Roberts, a disability qualified panel member in the Social Security & Child Support (SSCS) jurisdiction of the Social Entitlement Chamber (SEC), from office for failure, without a reasonable excuse, to meet the minimum sittings required of his office.

Facts

The terms of Mr Roberts appointment as a tribunal member included a minimum sitting requirement of 15 days per year.

The summary process in the Judicial Conduct Rules (Judicial) 2023 enables the Judicial Conduct Investigations Office (JCIO) to recommend a judicial office holder’s removal from office without further investigation where that office holder has failed without reasonable excuse to meet their minimum sitting requirements.

In 2021, Mr Roberts’ leadership judge agreed that he could take a one year sabbatical. Since then, Mr Roberts has not returned to sitting since the sabbatical ended in September 2022 and has not responded to numerous attempts by his leadership judge to contact him.

Mr Roberts’ representations

Mr Roberts responded to the JCIO’s request for representations by asking to discuss the matter. The JCIO attempted to arrange a call with him, but he did not respond and has not been in touch since.

Decision

The Lord Chancellor, with the Lady Chief Justice’s agreement, agreed with the JCIO’s recommendation to remove Mr Roberts from office for failing, without a reasonable excuse, to meet his sitting requirements.

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