JCIO 79/25

   

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued Assistant Coroner Louise Wiltshire, with formal advice for misconduct.

Facts

The Guide to Judicial Conduct states that judicial office-holders are expected to display diligence and care in the discharge of judicial duties. Rule 8 of the Coroners (Inquests) Rules 2013 requires a coroner to complete an inquest within six months of the date on which the coroner is made aware of the death or as soon as reasonably practicable after that date. Section 16 of the Coroners and Justice Act 2009 requires a senior coroner to notify the Chief Coroner where an investigation has not been completed or discontinued within a year.

The JCIO received a complaint about Ms Wiltshire, in respect of an inquest which was yet to be concluded. A family member of the deceased complained that, at the time of making the complaint, it had been 14 months since the case was adjourned, and that no date for the hearing to be resumed had been set.

Ms Wiltshire’s representations

Ms Wiltshire apologised for the delay. She stated that there were some resourcing challenges within the coronial area and coronial service during the time of the investigation. Ms Wiltshire also said that she adjourned the proceedings due to insufficient evidence. Whilst there had been subsequent difficulties in obtaining this information, Ms Wiltshire accepted that she had placed too much reliance on staff and could have been more proactive in reviewing the case to ensure that it proceeded.

Nominated judge’s findings

Following an investigation carried out under the Judicial Conduct Rules 2023, a nominated judge found that the inquest was still outstanding some two years after it was adjourned. The nominated judge acknowledged that while other factors had contributed to the delay and that Ms Wiltshire’s behaviour was not deliberate or reckless, there had been no positive, active or planned case management between when the inquest was adjourned and when the complaint was made. The nominated judge found that Ms Wiltshire’s conduct did not place the family at the heart of the inquest and reflected a lack of diligence, which amounted to misconduct.

Decision

The Lady Chief Justice and Lord Chancellor agreed with the nominated judge’s findings of misconduct and issued Ms Wiltshire with formal advice. 
 

Notes for Editors

Media queries in relation to the JCIO should be made in the first instance to the Judicial Press Office - telephone 020 7073 4852 or via email - press.enquiries@judiciary.gsi.gov.uk 

Sanctions for misconduct by judicial office-holders are set out in the Constitutional Reform Act 2005. They are, in order of severity: formal advice, formal warning, reprimand and removal from office.

For more information about the Office, including details on how to make a complaint against a judicial office holder, you can visit the JCIO website at: Judicial Conduct Investigations website