Complaints against judge examined after JCIO U-turn
Ten complaints of misconduct against Employment Tribunal Judge Philip Lancaster, spanning seven years, were initially dismissed by the JCIO without examination. After three complainants pursued legal action, the JCIO agreed to reconsider those complaints and investigate further, prompting renewed scrutiny of conduct in Lancaster's courtroom.
Why It Matters
The JCIO’s reversal and reopening of complaints raises questions about accountability, due process, and public confidence in the judiciary and its complaint-handling processes.
Timeline
7 Events
JCIO confirms error and overturns initial decision
The JCIO stated that it accepted it erred in rejecting or dismissing a number of complaints under the Judicial Conduct Rules 2023 and has agreed to reconsider those complaints.
Reactions and questions about leadership in employment tribunals
Alison McDermott criticised the authorities for delaying action and described the stress of multiple calls about similar experiences. Hinaa Toheed said repeated concerns about Judge Lancaster had not been acted upon. Questions were raised about the role of Judge Barry Clarke, President of Employment Tribunals in England and Wales.
JCIO agrees to investigate and reconsider after legal action
Ahead of a court hearing, the JCIO accepted the arguments and has agreed to investigate the complaints and reconsider them under the Judicial Conduct Rules 2023.
Judicial review proceedings launched against the JCIO
Nine of the ten complainants are female, and three – Alison McDermott, Hinaa Toheed and Susannah Hickman-Gray – launched judicial review proceedings against the JCIO.
Tenth complaint upheld; reprimand issued
One complaint was dismissed due to insufficient evidence, while a tenth complaint filed about four years earlier was upheld almost four years after filing, resulting in a reprimand for Lancaster.
JCIO dismisses most complaints without examination
The JCIO dismissed most of the complaints without examining them, citing that in several cases the alleged misconduct occurred in the context of case management and was beyond its powers to scrutinise. It also noted other complaints had been filed without a specific time for when the misconduct occurred.
Ten complaints against Judge Lancaster over seven years
Ten complaints spanning a seven-year period were made against Employment Tribunal Judge Philip Lancaster in Leeds. The JCIO had previously dismissed most of the allegations without examining them.