dls wrote:You are making two complaints
1 The judge (you say) did not read a judicial review application fully.
2 Your complaint about this was rejected as being outwith the jurisdiction of the person to whom you made the complaint.
Your chosen title suggests that the second is your real concern.
You ask a general question about when a person making a decision can do so without the fullest consideration of the papers submitted.
I answer your question generally by pointing out that the second question does provide exactly an example of when an application might be rejected.
I have said twice that I know nothing of your application for judicial review and express no opinion either way on it.
dls wrote:...such a failure may be misconduct** in certain circumstances, but it will not always be.
10. Guidance to the Rules
Rule 6: The JCIO may only consider a complaint that contains an allegation of
misconduct by a judge or other office holder. Such misconduct relates to the judge’s
personal behaviour for example: a judge shouting or speaking in a sarcastic manner
in court; or misuse of judicial status outside of court. It does not relate to decisions or
judgments made by a judge in the course of court proceedings. The only way to
challenge such matters is through the appellate process.
Where a complaint does not contain an allegation of misconduct the JCIO will advise
the complainant that it cannot investigate the complaint and will inform the
complainant of the reasons for rejection.
atticus wrote:Your "reports" of the"issues" are unreliable.
Your "point" is misconceived, as has been explained to you several times. You are not the Bellman**; what you say three times does not become true.
Your refusal to go into the merits of the JR is a cop-out. If the case was hopeless, the judge was right to apply the coup de grâce. If it had merit, you[r bloke] should have appealed rather than diverting energy by barking up the wrong tree.
** The Bellman, in Lewis Carroll's The Hunting of the Snark:
"Just the place for a Snark!" the Bellman cried,
As he landed his crew with care;
Supporting each man on the top of the tide
By a finger entwined in his hair.
"Just the place for a Snark! I have said it twice:
That alone should encourage the crew.
Just the place for a Snark! I have said it thrice:
What I tell you three times is true."
dls wrote:Since I have pointed out that there may well be circumstances, for example a clear lack of jurisdiction, where it would be unnecessary to read the papers in full, your central premise fails. If it does fail, then it was not misconduct, and the JCIO were right to reject the complaint.
Of course, such a failure may be misconduct in certain circumstances, but it will not always be.
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