Tribunal: Judge failed to self-report
A judge who failed to deliver 46 judgments and other decisions in a reasonable time has been issued with a formal warning for misconduct.
The Judicial Conduct Investigations Office (JCIO) said Employment Judge Tim Kenward had also failed to tell his bosses about the problems he was facing.
The JCIO said it received a complaint alleging “a pattern of delay” by Judge Kenward in completing his work, including 46 outstanding judgments, written reasons, case management orders and reconsideration decisions across three regions between March 2023 and August 2024.
The complaint also noted that Judge Kenward had failed to self-report these delays to his leadership judges for an extended period “contrary to expected standards”.
In response, the JCIO said, “Judge Kenward expressed sincere remorse and accepted responsibility for the delays, acknowledging that they were unacceptable and that he had not self-reported in line with standard guidance”.
While he outlined “a combination of personal and professional pressures as context”, he did not seek to excuse his conduct on that basis.
“Judge Kenward confirmed that he has since taken steps to ensure that similar oversights do not occur again.”
The nominated investigating judge found that Judge Kenward had demonstrated “a failure to display the diligence and care expected of a judicial officeholder”.
The delays had created “operational harm, a risk of harm to parties affected by the delays and gave rise to reputational harm to the tribunal service”. The nominated judge concluded that Judge Kenward’s conduct amounted to serious misconduct.
In recommending that he be issued with a formal warning, the nominated judge took into consideration Judge Kenward’s mitigating factors and that he had taken full responsibility for his actions and had made efforts to rectify the situation.
The Lady Chief Justice, Baroness Carr, and Lord Chancellor David Lammy agreed with the findings and issued the formal warning.
“They took into account that Judge Kenward was a relatively recently appointed salaried judge, that he had shown insight and remorse, and had compelling personal mitigation,” the JCIO said. “They noted that he was no longer behind on his judgments.”
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