New protocol for reporting bullying and harassment by judges

The senior judiciary in Great Britain has launched a new protocol designed to provide legal professionals with clear, accessible routes for reporting bullying, harassment, and discrimination by judges. This initiative, spearheaded by the Lady Chief Justice and the Senior President of Tribunals, formalises and strengthens existing informal mechanisms while clarifying the pathway for more serious complaints to the Judicial Conduct Investigations Office (JCIO). The protocol aims to foster a more respectful and inclusive environment within courts and tribunals, addressing concerns previously raised by legal professionals regarding judicial conduct and the perceived barriers to reporting. It represents a significant step towards enhancing judicial accountability and maintaining public and professional confidence in the judiciary.

The legal landscape in Great Britain has seen a significant development with the launch of a new protocol for reporting bullying, harassment, and discrimination by judges. Issued by Baroness Sue Carr, the Lady Chief Justice, and Lord Justice James Dingemans, the Senior President of Tribunals, this protocol provides barristers, solicitors, and chartered legal executives with a structured approach to raise concerns about judicial behaviour. This development is a direct response to a recognised need for clearer mechanisms to address inappropriate conduct, aiming to cultivate a more respectful and professional environment across courts and tribunals.

The introduction of this protocol is a crucial step towards enhancing judicial accountability and safeguarding the well-being of legal professionals. It underscores the senior judiciary's commitment to upholding the highest standards of integrity and fairness, ensuring that all participants in the justice system are treated with courtesy and respect. The protocol is not merely a procedural update but a strategic effort to address long-standing concerns, including those highlighted in independent reviews, thereby reinforcing public and professional confidence in the judiciary.

The framework for judicial conduct in Great Britain is rooted in a combination of statutory provisions, established principles, and guidance documents. The Constitutional Reform Act 2005 fundamentally reshaped the relationship between the judiciary and other branches of government, enshrining judicial independence in law and establishing the Judicial Conduct Investigations Office (JCIO) to handle complaints about judicial misconduct. Under this Act, responsibility for judicial discipline is shared between the Lord Chief Justice and the Lord Chancellor, ensuring a balance between internal judicial oversight and external governmental accountability.

Further guidance is provided by the 'Guide to Judicial Conduct', a document first published in 2003 and revised periodically, most recently in 2023. This Guide outlines core principles such as judicial independence, impartiality, integrity, and propriety, offering assistance to judges on expected standards of behaviour both in and out of court. The judicial oath, sworn by judges upon appointment, also serves as a foundational commitment, requiring them to "do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will." Additionally, the Equality Act 2010 places statutory duties on public authorities, including the judiciary, to eliminate discrimination, harassment, and victimisation, and to foster good relations.

Despite these existing mechanisms, concerns persisted regarding the reporting of less serious, yet impactful, instances of judicial bullying, harassment, and discrimination. Reports, such as Baroness Harman's independent review, revealed "abundant, disturbing and compelling accounts of judicial bullying," with many complaints not being made due to fear of repercussions. Data from the Bar Council also indicated that a significant proportion of bullying and harassment reports from barristers related to judges' behaviour. These findings underscored a critical gap in accessible and trusted informal reporting routes, which the new protocol seeks to address.

The new protocol introduces a two-tiered approach to addressing concerns about judicial behaviour, distinguishing between less serious issues suitable for informal resolution and more serious matters requiring formal investigation. For "less serious issues," such as isolated instances of a brief loss of temper or an ill-judged remark, the protocol encourages an informal approach. Legal professionals are empowered to raise concerns directly with the judge in a private meeting after the hearing, providing a clear account of the incident and any supporting information. Alternatively, a senior colleague from their chambers or firm can speak with the judge on their behalf.

A crucial element of the informal process is the involvement of a leadership judge at the relevant court or tribunal. All concerns, whether raised directly or indirectly, must be shared with this leadership judge, who will then decide on appropriate action and confirm the outcome in general terms, crucially without revealing the identity of the legal professional who raised the concern. This anonymity provision is designed to mitigate fears of reprisal, which have historically deterred reporting. For more serious concerns, such as repeated bullying or a pattern of harassment, or where informal resolution has been unsuccessful, the protocol directs legal professionals to the formal complaints process via the Judicial Conduct Investigations Office (JCIO). The JCIO is the statutory body responsible for investigating allegations of judicial misconduct, which explicitly includes bullying or harassment.

Significantly, the protocol includes a joint statement and agreement with the Bar Council's Commissioner for Conduct, Dame Maria Miller. This allows the Commissioner to act as an intermediary, taking barristers' concerns forward to the judiciary, including those reported through the confidential "Talk for Spot" tool. This formalises a channel for barristers to report issues, acknowledging the constitutional separation between the Bar and the Judiciary while facilitating necessary communication. The protocol is part of a broader package of measures, which includes mandatory training for leadership judges on identifying and addressing exclusionary behaviours, and wider training for all judges to recognise and challenge such conduct.

This new approach seeks to strike a delicate balance between maintaining judicial independence, a cornerstone of the UK constitution enshrined in the Constitutional Reform Act 2005, and ensuring robust accountability for judicial conduct. While judges are immune from civil responsibility for acts done in the proper performance of their duties, this immunity does not extend to personal misconduct. The protocol aims to provide clear pathways for addressing conduct that falls short of expected standards, without impinging on a judge's ability to make independent decisions. The success of this protocol will largely depend on its effective implementation, the trust it engenders among legal professionals, and the judiciary's consistent commitment to its principles.

For practising attorneys and legal professionals, the new protocol represents a vital tool in navigating the professional environment of courts and tribunals. It provides clarity and a formalised process for addressing concerns about judicial behaviour, which previously might have gone unreported due to ambiguity or fear. Practitioners should familiarise themselves with both the informal and formal reporting routes, understanding when each is appropriate. Documenting incidents thoroughly, including dates, times, specific remarks, and witnesses, will be crucial for any report, whether informal or formal. The option to involve a senior colleague or the Bar Council's Commissioner for Conduct offers an important layer of support and protection for those who may feel vulnerable raising concerns directly.

Looking ahead, the effectiveness of this protocol will need to be closely monitored. Its success will be measured not only by the number of complaints processed but, more importantly, by a tangible shift in judicial culture towards greater courtesy, respect, and inclusivity. Practitioners should observe how leadership judges implement the informal resolution process and how the JCIO handles more serious formal complaints under the new framework. This protocol, alongside the broader training initiatives, signals a significant commitment from the senior judiciary to foster a healthier working environment, and its sustained impact will be critical for maintaining the integrity and reputation of the justice system in Great Britain.