New protocol explains how legal professionals can raise informal concerns about coroner behaviour
Coroner Behaviour Protocol has been introduced to provide legal professionals with a clearer process for raising informal concerns about the behaviour of coroners, as part of wider efforts to promote professional standards and respectful conduct across the justice system.
The Courts and Tribunals Judiciary has published a dedicated protocol setting out how solicitors, barristers and other legal professionals can raise concerns informally where they believe a coroner’s behaviour has caused concern but does not warrant a formal complaint. The guidance aims to formalise an approach that has existed in practice for some time while providing greater clarity on the available reporting routes.
According to the protocol, an informal approach may be appropriate for isolated or less serious incidents where an early and proportionate resolution is considered suitable. The process is intended to encourage concerns to be addressed promptly while maintaining professional relationships within the justice system.
The Judiciary has stressed that the protocol does not replace existing formal complaints procedures. Where concerns involve more serious allegations, repeated misconduct or behaviour that cannot be resolved informally, legal professionals should continue to use the formal complaints process through the Judicial Conduct Investigations Office (JCIO), which is responsible for investigating complaints about the personal conduct of judicial office holders, including coroners.
The new protocol forms part of a broader package of measures introduced by the judiciary to address bullying, harassment, discrimination and exclusionary behaviour within courts and tribunals. Alongside the protocol, the package includes a statement outlining expected standards of behaviour, mandatory training for leadership judges on recognising and addressing exclusionary conduct, wider training for members of the judiciary, and improved access to reporting routes, advice and support for legal professionals.
The wider programme has also been accompanied by a joint commitment between the Bar Council’s Commissioner for Conduct, the Lady Chief Justice and the Senior President of Tribunals to promote respectful working relationships while recognising the constitutional independence of the judiciary and the legal profession.
Lady Justice Whipple, Lead Judge for Diversity and Inclusion, Leadership, Development and Wellbeing, said the judiciary remains committed to maintaining the highest standards of integrity, fairness and respect. She noted that while the vast majority of judicial office holders conduct themselves professionally and courteously, concerns about bullying, harassment and discrimination are taken seriously, and clear, accessible routes are needed to help legal professionals raise and resolve concerns about judicial behaviour.
The guidance explains that legal professionals should consider whether an informal discussion is the most appropriate response based on the nature of the incident. It is designed to resolve concerns quickly where possible while preserving the option of making a formal complaint if the matter is more serious or remains unresolved after informal engagement.
The publication follows work undertaken by the judiciary in response to evidence gathered through the Judicial Attitude Survey, the Bar Council’s 2023 report on bullying, harassment and discrimination at the Bar, and the Independent Review of Bullying, Harassment and Sexual Harassment at the Bar led by Baroness Harriet Harman. Together, those findings informed the latest measures intended to strengthen professional standards and improve confidence in reporting concerns within the justice system.