By Ashley Young-
Judges in England and Wales have been told to feel confident to speak up about any wrongdoing after a new whistleblowing policy was unveiled this week.
The whistle blowing policy comes after an alarming letter by eight, anonymous, serving judges who claimed colleagues had been ‘undermined, belittled or accused of being mentally unstable’ for raising concerns about a lack of diversity within the judiciary. The shocking revelation highlights the existence of discrimination even in the judiciary, which requires attention.
Judicial office holders have been nominated to act as a ‘confidential and impartial point of contact and information’ for office-holders raising a concern or complaint under the whistleblowing or grievance policies or for an office-holder who is the subject of a complaint.
The reason for the condescending abuse of mental health issues for those calling for diversity is unclear, but most members of the public would not have thought judges could be bullied. Some sources told The Eye Of Media.Com that the call for wider diversity is perceived by some in the judiciary to mean bringing in people from various races even if they don’t have the relevant experience or expertise for the job.
Insiders at the Hmcts close to the story anonymously told this publication that ‘any inclusion of diversity will necessary mean those added to the judiciary are assessed and judged as having sufficient expertise in their field.
”How can diversity be improved if people are not afforded the opportunity to be judges when they have demonstrated the necessary skills for the job? A robust system can be put in place to adequately assess the suitability and credentials of those being given an opportunity. The recommendation for greater diversity is just, and those who subject judges that support this course to bullying should be called out and dealt with”
A more diverse judiciary is believed to be necessary to increase public confidence and gain greater support from its citizen. Increasing the number of women and ethnic minorities in the judicial system, would also encourage people from different groups to aspire to become judges
The document says: “In introducing this policy, the LCJ and SPT want everyone to have the confidence to speak up, to be secure in the knowledge that it is safe and acceptable to do so, and to know that if you raise a concern under this policy, you will not suffer any detriment.”
The calls from the lord chief justice (LCJ) and senior president of tribunals (SPT) come in a 12-page policy on the issue published on the judicial intranet on Wednesday, according to the Law Gazette of England and Wales.
The 12-page Judicial Whistleblowing Policy: How to report wrongdoing document was published on the judicial intranet on Wednesday, aimed at addressing bullying in the judiciary.
The document says: ‘In introducing this policy, the LCJ and SPT want everyone to have the confidence to speak up, to be secure in the knowledge that it is safe and acceptable to do so, and to know that if you raise a concern under this policy you will not suffer any detriment.’
The policy concerns the reporting of wrongdoing ‘reasonably believed to be in the public interest’, such as a criminal offence or breach of any legal obligation. Complainants do not need to have proof of the wrongdoing. ‘Reasonable belief is sufficient,’ the policy states.
Personal conduct is not covered by the policy ‘unless amounting to wrongdoing that is reasonably believed to be in the public interest’. Judicial grievance policies cover formal and informal processes for raising concerns relating to harassment, bullying or discrimination.
Nominated judicial office holders have apparently been appointed to act as a ‘confidential and impartial point of contact and information’ for office-holders raising a concern or complaint under the whistleblowing or grievance policies or for an office-holder who is the subject of a complaint.
A selection panel reviewed applications to ensure representation from different jurisdictions, experience and background. Recommendations were made to the senior president of tribunals and lord chief justice.
Last week, a former senior judge told a panel, including former senior supreme court judge , Baroness Hale. The profile of the judiciary should reflect the community in terms of its gender make-up and diversity, a former judge of the Supreme Court has said.
Former magistrate Penelope Gibbs, director of Transform Justice, welcomed the whistleblowing policy. ‘To make it work, the judiciary should change its culture so judges are prepared to whistle-blow on their colleagues. We also need a trusted and effective system whereby outsiders like lawyers can whistle-blow or complain about judges,’ she said.