Question to the Ministry of Justice:

To ask His Majesty's Government what mechanisms exist to ensure (1) accountability, and (2) effectiveness, of redress for complainants when the investigation carried out by the Judicial Conduct and Ombudsman is significantly delayed or is otherwise regarded as unsatisfactory.

The Judicial Appointments and Conduct Ombudsman (JACO) is a statutory office holder, supported by the JACO office. It operates independently of the Government in the exercise of its functions. The handling and determination of individual investigations is a matter for JACO. The Ministry of Justice regularly discusses with the JACO office the support it needs to meet its statutory functions.

JACO is accountable to Parliament through the Lord Chancellor, including by publication of an annual report, which provides information about: the enquiries and complaints received; how they are dealt with; and performance against the business objectives. In 2024/25 it reports that compared to 2023/24, it:

• Received 35% more correspondence, considered 53% more cases to determine whether a full investigation was necessary (447 compared to 292), concluded 66% more Preliminary Investigation Reports (424 compared to 256) but progressed 36% fewer cases to full investigation (23 compared to 36) and concluded 41% fewer full investigations (23 compared to 39).

• Exceeded its 90% target in relation to Preliminary Investigation reports completed within 6 weeks of receipt of full information; achieved its 98% target of keeping complainants updated; achieved its target of acknowledging receipt of 98% of new complaints and correspondence within 5 working days and exceeded its target of handling 90% of correspondence within 15 working days.

JACO acknowledged that there had been a significant increase in its caseload but said that it was taking action to improve its performance and in particular, to reduce the time taken to investigate the oldest cases. JACO does not report on the average time taken to complete an investigation, but the table below includes data from the last five years’ annual reports of how many preliminary investigations were completed within 6 weeks and how many full investigations were completed in less than or over a year:

The time taken to investigate complaints depends on several factors, including case complexity, the level of supporting information which is needed from the relevant investigating body and whether the Ombudsman’s findings are referred to the Lord Chancellor and Lady Chief Justice.

JACO is consistent with other Ombudsmen which are responsible for publishing their own timeliness and related targets but do not have statutory performance standards. JACO has an internal complaints handling procedure for complaints about the level of service provided by the Ombudsman’s Office, which can be escalated to the Ombudsman for a final response.