Making A Complaint

 

We can only deal with complaints about the misconduct of judicial office-holders.

We cannot accept complaints about a judge’s decision or the way a judge has managed a case.

Please see the ‘What can I complain about?’ page for further information before making a complaint.


Time limit for making a complaint

A complaint must be made within three months of the matter complained of. We can only extend this timescale in exceptional circumstances.

Please note that:

  • An ongoing case will not usually be considered as an exceptional reason to extend the time limit.
  • If you inform us that you did not complain in time for medical reasons, we may ask you for proof of your medical condition.

Details we need from you

Please read the guidance below to find out which details we need you to include with your complaint. You can then contact us if you are still unsure about the details we need.  

Rule 8 of the Judicial Conduct Rules 2023 states that a complaint must:

  • State the name of the person making the complaint;
  • State the address or email address of the person making the complaint;
  • Contain an allegation of misconduct on the part of an identified or identifiable person holding an office, which is supported by relevant details as specified in guidance published by the JCIO from time to time;
  • State the date, or dates, that the alleged misconduct took place unless the JCIO decides that this is unnecessary taking into account all the circumstances of the complaint.


What does an “allegation of misconduct” mean?

An allegation of misconduct means that your complaint is about a judge’s personal behaviour, not about a decision or order which they have made, or how they have managed a case. It means you believe that a judge’s personal behaviour has fallen below the standards of conduct in the Guide to Judicial Conduct  See What can I complain about? 


What does “supported by relevant details” mean?

Relevant details means that we need you to be specific about what you are alleging the judge said or did which you believe was misconduct. It will not be enough to say: “the judge was rude to me” or “the judge shouted at me”. To be able to accept and consider your complaint, we need you to give us relevant details. 

The table below provides further details of the kind of relevant details we need to assess your complaint.

Type of complaint Details We Need

Something a judge said e.g., rudeness, and/or something about a judge’s tone or manner e.g., shouting, laughing inappropriately, sarcasm, (This may include complaints of bullying or harrassment)

  • The words the judge used that you want to complain about
  • If applicable, a description of the judge’s tone or manner
  • If applicable, the context of the inappropriate laughter, e.g. what the laughter was in response to and how it sounded
  • Where it happened
  • If your complaint is about something that happened in a hearing, we also need you to tell us the name of the court and the time(s) when the alleged misconduct happened (see guidance further below)
A physical act e.g., a physical display of anger (This may include complaints of bullying or harrassment)
  • A description of what the judge did
  • Where it happened
  • If your complaint is about something that happened in a hearing, we also need you to tell us the name of the court or tribunal and the time(s) when the alleged misconduct happened (see guidance further below)

Misusing judicial status, for example to try to influence another person or organisation for personal gain
  • A description of what the judge did
  • How and when you became aware of it

Misusing social media, for example posting offensive content, or content which could damage public confidence in judicial impartiality such as remarks about government policy
  • A link to, or screenshot of, the content you want to complain about
  • The date when you first saw the content
Failure to report personal involvement in civil, criminal, or professional disciplinary proceedings
  • The type of proceedings you believe the judge involved is/has been involved in
  • How and when you became aware of the matter
Delay in issuing a judgment (The general threshold for when the time taken to complete a judgment may raise a question of misconduct is that the period since the conclusion of the hearing or trial exceeds three months. Some courts/tribunals have different target timescales)
  • The names of the parties in the case
  • The name of the court dealing with the case
  • If applicable, the date of the hearing


Complaints about misconduct in a hearing

If you want to complain about something that happened during a hearing, you must also provide us with information about when during the hearing it took place. As well as the relevant details in the table above, we need you to tell us, in as much detail as possible:

The time (or times) during the hearing when the alleged misconduct took place.

For example: “the judge shouted at me ‘Mr Smith be quiet’ at 11.30 a.m.”

If you cannot remember the exact time, give us your best estimate. For example:

  • “The judge shouted at me ‘Mr Smith be quiet’ at approximately 10.00 a.m.”
  • “The judge shouted at me ‘Mr Smith be quiet’ approximately one hour after the hearing started.”
  • “The judge shouted at me ‘Mr Smith be quiet’ approximately half an hour before the lunchbreak on the second day of the hearing.”
  • “The judge shouted at me ‘Mr Smith be quiet’ approximately 45 minutes after I started giving my evidence.”

Please try to provide a time estimate for every instance of alleged misconduct that you are making a complaint about: for example, if your complaint is that the judge shouted at you on three occasions, you should provide three time estimates of when those incidents occurred.

If you believe that there are exceptional reasons why you are unable to provide time estimates for the allegations, for example due to a disability, please provide this information along with your complaint. We will take this information into account when assessing your complaint.

Our caseworkers will usually listen to a one-hour ‘window’ of time based on the estimate you have given, for example, if you stated: “the judge shouted at me ‘Mr Smith be quiet’ at approximately 10.00 am, the caseworker would listen to the recording from 9.30-10.30 am or if, for example, you stated: “the judge shouted at me ‘Mr Smith’ approximately half an hour before the lunch break, the caseworker would listen to the recording for one hour up until the lunchbreak.

It is, therefore, important to be as accurate as possible when you give us this information. We will consider accepting a complaint without this information only if there are exceptional reasons as to why you cannot do so.

Information from other people/third parties

If you believe that there is anyone else who might have evidence relevant to your complaint e.g., anyone who was present when the alleged misconduct took place, please let us know in your complaint. This is not essential but may help us to assess your complaint.


If you wish to submit a complaint, please click here:
Make Your Complaint
 

Guidance on how to view and upload portal comments, the JCIO's communication method on this platform, can be found - here.

If you are experiencing any issues with our online portal, please email us at general.enquiries@judicialconduct.gov.uk.

General enquiries

If you wish to make a general enquiry, email general.enquiries@judicialconduct.gov.uk. Please note that complaints sent to this mailbox will not be responded to.