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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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in addition, where is the log kept for complaints against judges

Resolved Question:

in addition, where is the log kept for complaints against judges and the results of those complaints and can I gain access to this information and decisions under the Freedom of Information Act
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with tihs.

Alex Watts :

I can't see your previous questions so could you please explain your situation a little more?

Customer:

Good afternoon Alex,

Alex Watts :

Hello

Customer:

basically I am involved in a long acrimonious divorce which is being delayed because the judge who has issues a draft judgement is now sick and may not return for sometime, which effectively means that the perfected judgement may not be finalised until she returns.

Alex Watts :

I see. If its a family law question I may not be able to help as my colleagues deal with that

Alex Watts :

But if you are just asking about Court procedure I may be able to help

Alex Watts :

So the Judge who is going to hand down Judgment is ill

Alex Watts :

I assume this Judge heard all the evidence?

Customer:

yes she is ill and yes she heard all of the evidence and therefore issued a draft judgement which we have requested that she amends

Alex Watts :

Ok - and you do not know when the Judge is back?

Customer:

no as the court cannot comment about her illness of the length of that illness

Customer:

do you wish to pass this on to another of your collegues

Alex Watts :

Ok - you have 2 choices:

Alex Watts :

1) To wait until the Judge returns

Alex Watts :

2) Ask the Court to relist the matter before a different Judge for trial again

Alex Watts :

Usually a Judge that has heard a case gives Judgment

Alex Watts :

Sadly if the Judge is going to be away for some time the only thing you can do is either wait or go through the whole trial again

Customer:

am I right in assuming that if we go for a retrial then I will have to pay more legal costs for that retrial

Alex Watts :

Yes

Customer:

I am also complaining against the judge's rude comments about me in her draft judgement but I am told that I cannot complain about a draft judgement as it is confidential between both parties and the court and cannot be discussed with anybody else including the Complaints Judicial Authority. Is that correct?

Alex Watts :

You can't complain about a draft, you have to wait until its handed down

Alex Watts :

Then its a formal Judgment

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

just one more point for today.

Customer:

is there a log kept by the Lord Chancellor about complaints against Family Law and Divorce courts and if so am I allowed access to that information via the Freedom of Information Act

Alex Watts :

Of course

Alex Watts :

No - that would be a breach of the Data Protection Act between the Lord Chancellor and the Judge

Alex Watts :

But there will be a record

Customer:

but if the judge is acting for the people of this country and fails to carry out her duties and a complaint is made and subsequently that complaint was upheld, why am I not allowed access to that information in accordance with the Freedom of Information Act

Alex Watts :

Because its nothing to do with you.

Alex Watts :

Its to do with HR so to speak, between the court and the Judge

Alex Watts :

The Judicial Complaints website does have records of upheld complaints

Customer:

do you know where on that website because I have looked and looked and looked and cannot find any reference to those records

Alex Watts :

http://judicialconduct.judiciary.gov.uk/816.htm

Alex Watts :

Does that help?

Customer:

yes. thank you very much. I will start there and may need further assistance over the coming weeks. Thank you Alex

Alex Watts :

Great. Can I help with anything else today?

Customer:

thank you for your assistance for today

Ash and other Law Specialists are ready to help you