JCIO 18/25

A spokesperson for the Judicial Conduct Investigations Office said:

Facts

The Guide to Judicial Conduct states that judicial office-holders are expected to display diligence and care in the discharge of judicial duties. The Coroners (Inquests) Rules 2013 require coroners to ‘complete an inquest within six months of the date on which the coroner is made aware of the death, or as soon as is reasonably practicable after that date’.

The JCIO received a complaint about a delay in holding an inquest from a family member of the deceased. When the complaint was received, the inquest remained outstanding despite being referred to Senior Coroner Caroline Sumeray over four years earlier.

Senior Coroner Sumeray’s representations

At the time of providing representations, Senior Coroner Sumeray confirmed that the inquest had since been completed. Senior Coroner Sumeray did not accept there had been any unjustified delay in the investigation and inquest, and cited various factors as contributing to the delay, including severe long-term staffing issues, difficulties with responses provided by a third party, a lack of suitable court premises, the knock-on effect of the COVID-19 pandemic, and personal circumstances.

Nominated Judge’s findings

Following an investigation carried out under the Judicial Conduct Rules 2023, a nominated judge found that, notwithstanding the challenges faced by Senior Coroner Sumeray, there was no reasonable explanation for the extent of the delay in the hearing of the inquest. The nominated judge was of the view that the inquest should have been held by the end of 2022. The failure to hold the inquest, almost two years after it should have been held, amounted to misconduct. The nominated judge recommended that Senior Coroner Sumeray be issued with a formal warning.

Decision

The Lady Chief Justice and Lord Chancellor acknowledged the significant challenges faced by the coroners’ service following the pandemic. They also took into consideration the mitigation offered by Senior Coroner Sumeray and her previously unblemished conduct record. However, they agreed with the nominated judge’s findings and issued Senior Coroner Sumeray with a formal warning.

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