JCIO 64/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice and with the Lord Chancellor’s agreement, has issued Recorder Yvette Genn (‘Recorder Genn’) with formal advice for misconduct.

Facts

The Guide to Judicial Conduct states that judicial office-holders are expected to display diligence and care in the discharge of judicial duties.

A litigant in person in family proceedings complained to the JCIO that judgment was handed down by Recorder Genn on 16 November 2022, however, he did not receive the court order until 25 March 2023. He alleged that this subsequently caused a delay to the Children and Family Court Advisory and Support Service (CAFCASS) report which consequently was not produced until the summer of 2023.

Recorder Genn’s representations

Recorder Genn accepted responsibility for the delay but felt that the options to address the misconduct via pastoral support or informal advice were not explored. In mitigation she informed that the draft order sent to her contained a number of inaccuracies which needed time to be amended. She further added that at that time, she had been appointed as Tribunal Judge of the First Tier Tribunal which was a new jurisdiction that she found unexpectedly time consuming. Recorder Genn explained that her personal circumstances were also a significant contributory factor.

Nominated judge’s findings

Following an investigation carried out under The Judicial Conduct (Judicial and other office holders) Rules 2014, a nominated judge found that Recorder Genn failed to produce a court order in a timely manner which resulted in a delay of over three months.

The nominated judge found that the delay was a breach of the standards of conduct expected of judicial office holders which was serious enough to require a disciplinary sanction. The nominated judge also found that Recorder Genn’s mitigating circumstances were significant. Those were taken into account in his recommendation of formal advice.

Decision

Having considered the evidence and the mitigation offered by Recorder Genn, the Lady Chief Justice and Lord Chancellor agreed with the nominated judge’s recommendation to issue Recorder Genn with formal advice.

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