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Saturday, 21 November 2009

Making a complaint about a judicial office holder

If you want to make a complaint about someone who holds a judicial office - a judge, a magistrate, a tribunal member or a coroner – you can do this through the Office for Judicial Complaints (OJC).

Complaints that the Office for Judicial Complaints deals with

Office for Judicial Complaints Enquiry Line: 020 7189 2937

The OJC deals with complaints about judicial office holders’ own personal conduct – it does not deal with complaints about judicial decisions, or sentences, or whether a claim is successful or not.  Examples of personal misconduct would be the use of insulting, racist or sexist language.

There are four categories of judicial office holders and the complaints procedure for each is slightly different. The categories cover judges, magistrates, tribunal members and coroners.

Complaining about a judge, member of a small tribunal or a coroner

If you want to complain about the personal conduct of a judge, member of a small tribunal or coroner, you should write to the OJC using their complaints form. If for any reason you are unable to make your complaint in writing, you can telephone the OJC for help.

You will need the following information to make your complaint:

• your name, address and telephone number
• the name of the judge or tribunal member or coroner
• the name of the court or tribunal hearing centre
• the number of the case
• the date of the hearing
• specific details about the reasons for your complaint

You should make your complaint as soon as possible after the incident and no later than 12 months after the incident that you want to complain about. If your case or your appeal is still going on, the OJC will not be able to consider the complaint until the case is closed – but you should still let them know about your complaint as soon as you can.

Download the form below, fill it in and send your complaint to:

The Office for Judicial Complaints
4th  Floor, Clive House
Petty France
London
SW1H 9HD

If you have any queries, contact the OJC:

Tel: 020 7189 2937
Fax: 020 7189 2936
Minicom: 020 7189 2941 
Email: customer@ojc.gsi.go.uk

To find out what happens to your complaint after you have sent it to the OJC follow the link below.  Guidance is also given on what to do if your complaint is about a judicial decision, rather than misconduct.

Complaining about a magistrate or a tribunal member

Complaints about magistrates or tribunal judges and members should be made to the local Advisory Committee or Tribunal President.

Complaints about magistrates

If your complaint is about a magistrate's personal conduct, get in touch with the local Advisory Committee. Contact details are available for all Advisory Committees by following the first link below.

The Advisory Committee may dismiss a complaint, or part of a complaint, if it doesn’t meet certain criteria. These include:

• if it does not adequately explain the matter complained about
• if it’s actually about a judicial decision or judicial case management, and so doesn’t concern misconduct
• if it raises a matter which has already been dealt with and does not present any new evidence
• if it is about a person who no longer holds any judicial office

If the Advisory Committee believes that there may be a case once they have looked at the complaint, they refer the case to the OJC.

Complaints about tribunal members or tribunal judges

If you want to complain about a tribunal judge or member you should contact the relevant tribunal office who will tell you whether your complaint should be sent to the Regional Chairman, Tribunal President or, if there is no Chairman or President, to the OJC.

The contact details for the relevant tribunal office will be on any documents and letters you will have received from the tribunal you have been dealing with. Alternatively contact details for all tribunals can be found via the Tribunals Service

The Chairman or President will investigate the complaint and, if they believe that there may be a case for formal disciplinary action, they will refer the case to the OJC.

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