JCIO 04/26

   

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice with the Lord Chancellor’s agreement, has issued Tribunal Judge David Roberts 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 complaint was made to the JCIO that Tribunal Judge Roberts had failed to provide a statement of reasons following a hearing in November 2023. This had prevented the complainant from appealing to the Upper Tribunal.

Tribunal Judge Roberts’ representations

Tribunal Judge Roberts accepted responsibility for the delay and apologised. He confirmed that the statement of reasons had subsequently been provided to the complainant.

In his representations, Tribunal Judge Roberts cited personal circumstances as the reason for the delay. He further stated that a change in working practices within the courts had negatively contributed to his workload and work pressures.

Nominated Judge’s findings

An investigation was carried out under The Judicial Conduct Rules 2023. A nominated judge found that there had been a three-month delay by Tribunal Judge Roberts. 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 the impact of the changes to working practices on Tribunal Judge Roberts’ workload were significant. In recommending formal advice, the nominated judge acknowledged Tribunal Judge Roberts’ remorse for the delay, along with his unblemished record of conduct.

Decision

Having considered the evidence and mitigation offered, the Lady Chief Justice and Lord Chancellor agreed with the nominated judge’s recommendation to issue Tribunal Judge Roberts 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