You will recall that when we gave evidence to
the Committee on 20 March, we undertook to come back to you with
additional information on a number of points.
Our memorandum of 30 March dealt with two of
these points (cost breakdown for the JAC re-location study, and
copies of letters sent to unsuccessful candidates on the recent
Circuit Bench selection exercise). This letter deals with the
two issues which remain outstanding.
Firstly, the Committee asked for a table comparing
JAC selection processes with those previously used by the then
DCA. This is attached.
Secondly, the Committee wanted some information
about the position on the post of Chief Social Security and Child
Support Commissioner. We have in fact just launched a selection
exercise to fill this post. You may be interested to see the attached
copy of the information pack [not printed] which has recently
been sent to all those who meet the eligibility requirements.
Full details about the exercise can be found on our website.
As you may know, no appointment was made from
an earlier exercise to fill the post which the JAC inherited from
the then DCA last year. I understand that the previous postholder
has been covering the role on a part time basis (combining it
with his other duties), pending a permanent appointment.
| New Process |
How it is Different? [2]
|
| Overarching Position
|
| Selections are made by an independent body, with a statutory duty to select:
— on merit;
— from the widest range of eligible candidates; and
— only those of good character.
| Roles and responsibilities of all parties clear and transparent.
|
Forecasting
|
| Ministry of Justice (MoJ) uses a formal model for forecasting future appointments and a process for obtaining and collating projections.
Jurisdictions are required to provide them with one-to-three-year projections with justifications.
| Projections for appointments beyond the first year of the programme were not gathered or analysed centrally.
|
Starting and Changing a Selection Exercise
|
| The Constitutional Reform Act (CRA) requires a Vacancy Notice to start a selection exercise (formerly known as a "competition").
The Lord Chancellor and Lord Chief Justice (or Senior President Designate) must sign the Vacancy Notice.
| Competitions could be started by informal processes.
|
| If the requirements for the selection exercise change over time, the Lord Chancellor must, with the agreement of the Lord Chief Justice (or Senior President Designate), notify the JAC in writing.
| Changes could also be made informally. |
| New Process | How it is Different?
|
Eligibility
|
| Eligibility requirements for each post are set by statute and/or the relevant jurisdiction.
| |
Character
|
| JAC is required to select only candidates of "good character" (section 63(3), CRA).
| It was based on established practice and not a statutory requirement.
|
| Character is assessed by Commissioners using publicly available guidance.
| Information available to candidates and others on factors likely to be relevant to the Lord Chancellor's decision on character was more limited and contained in competition material and on the website.
|
| These assessments are initiated before shortlisting (as far as practicable).
| The timing of the decision varied. |
References
|
Candidates nominate up to three (or in some cases six[3]) referees.
JAC may seek references from its list of JAC nominated referees tailored for each selection exercise and published in the candidate Information Pack.
If a qualifying test is used, references are taken up after the qualifying test and before interviews take place.
If a paper sift is used, references are taken up before the sift and used to make the shortlisting decisions.
In all cases, references will form part of the information that JAC uses to make final selection recommendations to the Lord Chancellor.
| Up to six referees were possible for certain appointments.
Automatic consultation with senior members of the judiciary listed in competition material.
The timing of taking up references varied and was published in the competition material.
|
Shortlisting Shortlisting can be done on the basis of qualifying test(s) or a paper sift (using Application Forms and references).
There are two types of qualifying tests—case studies or technical papers.
| Qualifying tests have been introduced by the JAC as an alternative method of shortlisting. Tests have been previously used by DCA as part of the assessment process.
|
Assessment Once candidates have been shortlisted, other methods of assessment include:
(1) structured discussions;[4]
(2) interviews;
(3) selection days—These can involve a combination of role plays, tests and interviews.
| Structured discussions were not previously used for senior appointments.
Assessment centres used less extensively.
|
Statutory Consultation CRA requires JAC to consult the Lord Chief Justice and either a previous holder of the office or someone else with relevant experience.
| There was no equivalent requirement. |
Selections Commissioners select which candidate(s) will be recommended to the Lord Chancellor.
| DCA officials put forward recommendations following assessment by selection panels.
|
| New Process | How it is Different?
|
For immediate appointments, one name is recommended for one vacancy.
For section 94 appointments, lists are created of candidates the Commission considers would be suitable for selection if a Vacancy Notice were received.
| The Lord Chancellor either approved individuals recommended for each vacancy or the list of those who would be on a reserve list for future vacancies.
|
Checks For existing judicial office holders, checks will be made with the Office for Judicial Complaints (OJC). For all other candidates recommended for appointment, JAC will request a series of checks on their financial, criminal and professional backgrounds.
| The checks done would depend on the post. All checks were done for salaried appointments.
|
| At the request of the Lord Chancellor, JAC facilitates medical checks (mainly for salaried posts).
| Medical checks were commissioned by DCA for new salaried appointments.
|
Recommendation On receipt of the JAC's recommendation, the Lord Chancellor can:
(1) accept; or
(2) reject; or
(3) require reconsideration.
If the Lord Chancellor exercises his powers under (2) or (3), he can only do so if he has doubts about a candidate's "suitability" for the office, and must give written reasons.
| No statutory body making the recommendations.
The Lord Chancellor could appoint or reject candidates without giving reasons.
|
Appointment MoJ officials complete the paperwork.
Training and swearing in (if applicable).
| |
