England: Judicial appointments body under scrutiny amid fears ‘secret soundings’ continue
![England: Judicial appointments body under scrutiny amid fears 'secret soundings' continue](https://www.irishlegal.com/uploads/RCJ-2-1000px.jpg)
An English judge has been granted permission to bring a judicial review of a policy that does not allow applicants for jobs on the bench see any negative comments made about them in references.
The ruling by appeal judges led by Master of the Rolls, Sir Geoffrey Vos, will allow district judge Kate Thomas, who sits at Walsall County Court, to seek judicial review.
There are worries that the Judicial Appointments Commission (JAC), which was meant to put an end to “secret soundings”, merely gives the impression that things have changed and that the appointment of judges is as opaque as ever.
Critics have also pointed out that the there is a conflict of interest at JAC, whose chair, Helen Pitcher, was appointed last year. Ms Pitcher also heads the Criminal Cases Review Commission (CCRC) — which refers possible miscarriages of justice for appeal.
In Ms Thomas’ case, the court heard that she was concerned that a formal complaint of bullying she made against a senior male judge in 2019 had damaged her chances of obtaining a promotion from district to circuit judge.
She was interviewed at the JAC “selection day”, where her application was rejected. The feedback provided to her said she had failed to meet the “working and communication with others” criteria. Nothing more was provided.
Sir Geoffrey said it was “arguable that there are circumstances in which the JAC may be obliged as a matter of fairness at least to seek the consent of consultees to disclosure of what they have said, or to give candidates the gist of the comments in a form which does not identify the source”.