Select Committee on Constitutional Affairs Written Evidence


First supplementary memorandum submitted by the Judicial Appointments Commission

FURTHER INFORMATION FOLLOWING MARCH 2007 APPEARANCE

JAC RELOCATION BUSINESS STUDY

  1.  It was agreed at a meeting with the Lord Chancellor on 7 June 2006 that we would seek expert help on a business case evaluating the right location for the JAC to meet business and customer needs.

  2.  Working in partnership with DCA and on advice from the Office of Government Commerce, we appointed consultants at a cost of £37,600 including VAT.

  3.  The cost was shared between the Department and the JAC, each contributing £24,000 and £13,600 respectively.

  4.  As a result of the business case, the Lord Chancellor agreed in October 2006 that the JAC would not be relocated within the period of the current Efficiency Review (ie up to the end of 2010).

CIRCUIT BENCH LETTERS

  5.  A range of correspondence was sent out to candidates to explain decisions taken at various stages of the process for the Circuit Bench Exercise.

  6.  It may be helpful first to reiterate the relevant figures. There were 309 applications for the Circuit Bench selection exercise. Eight candidates did not progress to the first sift on the basis of eligibility or character requirements. At the first sift, 90 candidates were selected for interview and 211 were unsuccessful. After realising that the shortlisting panels had not been asked to consider the references, those 211 eligible candidates who were rejected for interview after the first sift were reconsidered in a second sift. A further 59 candidates were selected for interview at this second sift. In total 149 were invited to interview. This was to meet the business requirement for a list of 75 selectable candidates and in addition 32 immediate appointments.

  7.  After the first sift, of the 211 who were unsuccessful, 78 candidates requested a written explanation of the decision taken by the selection panels regarding their application. Following the second sift, a further 40 requested feedback. These explanations were tailored to each application.

  The following letters were issued to candidates:
A)  28 November 2006 Letter to unsuccessful candidates after the first sift. [See Annex A]
B)  11 December 2006Letter to all applicants after the first sift advising that the Commission had decided to reconsider all those cases in which a candidate was not selected for interview. [See Annex B]
C)  18 January 2007Letter to unsuccessful candidates after the second sift. (Note: the content of the letter would vary slightly depending on whether or not a written explanation had been sought after the first sift.) [See Annex C]
D)  9 February 2007Letter to all applicants after the second sift from Baroness Prashar clarifying what had happened. [See Annex D]
30 March 2007


Annex A

Letter to unsuccessful candidates after the first sift

RESTRICTED—PERSONAL

28 November 2006

CIRCUIT JUDGE APPOINTMENT 2006/2007

  Thank you for your application for the Circuit Judge Selection Exercise. I am sorry to have to tell you that your application has not been successful on this occasion. I know that the result will be a disappointment but, on behalf of the Judicial Appointments Commission, I want to thank you for your interest in this post.

  If you would like an explanation of the Selection Panel's decision, please contact my colleague *** by letter or email ***. Our aim will be to send you a written explanation of the Selection Panel's decision within 4 weeks of your written requests. If we receive a large number of requests, we will keep you informed of any likely delay in meeting our target date.

  Thank you again for your interest in this post.

Assistant Director

Circuit Bench Appointments

Annex B

Letter to all applicants after the first sift advising that the Commission had decided to reconsider all those cases in which a candidate was not selected for interview

RESTRICTED—PERSONAL

11 December 2006

Circuit Bench Selection Exercise 2006/2007

  I refer to my recent letter informing you that you were not to be invited to interview. I write now to let you know that the Commission has decided to reconsider all those cases in which a candidate was not selected for interview.

  The Commission has immediately put in hand its reconsideration, and aims to complete that reconsideration as soon as possible in January. I shall write to you again, within eight weeks, when the Commission has reconsidered your application.

  I sincerely apologise, on behalf of the Commission, for the continuing state of uncertainty and concern caused to you as to outcome of your application.

Assistant Director

Circuit Bench Appointments

Annex C

Letter to unsuccessful candidates after the second sift

RESTRICTED—PERSONAL

18 January 2007

CIRCUIT JUDGE APPOINTMENT 2006-07

  I am writing further to my letter of 11th December. The reconsideration of applications has now taken place but I am sorry to have to tell you that the position has not changed and regrettably you have not been successful on this occasion. I know that the result will be a disappointment but, on behalf of the Judicial Appointments Commission, I want to thank you for your interest in these posts.

  If you would like an explanation of the Selection Panel's decision, please contact my colleague *** by letter or email ***. OR As you previously requested a written explanation of the selection panel's decision we will now prepare and send this to you. Our aim will be to send you a written explanation of the Selection Panel's decision within 4 weeks of your written requests. If we receive a large number of requests, we will keep you informed of any likely delay in meeting our target date.

  Please accept my apologies again for any inconvenience or confusion caused by the requirement to reconsider all applications.

Assistant Director

Circuit Bench Appointments

Annex D

Letter to all applicants after the first sift from Baroness Prashar clarifying what had happened

RESTRICTED PERSONAL

9 February 2007

  Dear ***,

CIRCUIT JUDGE SELECTION EXERCISE

  I am writing to clarify what happened regarding the Circuit Judge selection exercise.

  The information in the Guide for Applicants and on the website was wrong. It was to a degree contradictory. It was never intended to conduct the sift solely on the candidate's self-assessment. The guide was wrong to say so. That is why, as the guide also stated, we took up all references before the sift began. As soon as we realised the shortlisting panels had not been asked to consider the references we took immediate action. Those candidates who were rejected for interview were reconsidered. Those selected for interview were interviewed. This meant no one was at a disadvantage. 211 candidates were resifted and 59 additional applicants were selected for interview.

  This action was taken by the JAC to correct a mistake it had made for which I can only apologise. I want to assure you that no candidate has been disadvantaged and the overall timetable is unaffected.

  The Circuit Judge selection exercise took place under transitional arrangements using processes set out before the establishment of the JAC. As from 31 October 2006 we have been introducing a new system for selecting judges. Further information on the system is available from our website.

  Please do not hesitate to contact me if you want any further information.

Baroness Prashar

Chairman



 
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