Judicial appointments complaints

The Ombudsman may make recommendations to the Lord Chancellor and the Judicial Appointments Commission about what steps should be taken in relation to a complaint which has been upheld.

The Ombudsman may also offer advice on changes to procedures that have come to his attention as a result of a complaint. He also has the power to recommend compensation be paid to successful complainants for loss suffered as a result of but not in respect of any earnings that the complainant would have received had his /her application for appointment been successful.

Judicial conduct complaints

The Ombudsman may make recommendations to the Lord Chancellor and the Lord Chief Justice, which may include a recommendation for payment of compensation resulting from any failure or maladministration to which the complaint relates.

If the Ombudsman finds that the result of a disciplinary process was unreliable because of a failure to apply prescribed procedures or other procedural flaws, he will be able to set aside the decision, and require that the matter be subject to further investigation and reconsideration, in accordance with prescribed procedures. In exercising these powers, the Ombudsman will be able to direct the extent to which any previous investigation or review may be taken into account. This will mean that the whole of a previous investigation need not be disregarded if, for example, only the decision making process at the end was procedurally flawed.

The Ombudsman has no power to rebuke or reprimand a judge, or to decide to trigger procedures for removing a judge from office.

Appeal

There is no right of appeal against the Ombudsman’s recommendations. However, in relation to judicial conduct complaints, the Ombudsman may set aside a determination made in a case and direct that the case be referred to a review body or be subject to judicial investigation. A review body can completely review the facts of a case, and recommend to the Lord Chancellor and the Lord Chief Justice what, if any, action should be taken.