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Court and Tribunal Service Complaints

ComplaintsLast reviewed: 1 April 20255 min

Complaints about HM Courts and Tribunals Service (HMCTS) cover the administration of courts and tribunals — delays, poor communication, listing errors, and conduct of court staff. These are separate from complaints about judicial decisions, which are handled through appeals rather than complaints processes.

Key points

  • HMCTS has a formal complaints process for administrative failures — delays, errors, and conduct of court staff.
  • Complaints about judicial decisions must be pursued through the courts' appeal process — not through the HMCTS complaints system.
  • Serious judicial misconduct can be reported to the Judicial Conduct Investigations Office (JCIO).
  • Unresolved HMCTS administrative complaints can be escalated to the Parliamentary and Health Service Ombudsman via an MP.

What Can Be Complained About

HMCTS complaints cover administrative matters, including:

  • Delays in processing applications or listing hearings
  • Errors in court documents (incorrect dates, names, or case details)
  • Failure to communicate important information about hearings
  • Conduct of court staff (rudeness, unhelpful behaviour)
  • Problems with accessing court buildings (accessibility issues)
  • Court fees — disputes about the correct fee or a refusal of fee remission

Complaints about judicial decisions — how a judge decided a case, or comments made by a judge during proceedings — are not handled through the HMCTS complaints process. If you disagree with a judicial decision, the correct route is an appeal to a higher court.

How to Make a Complaint to HMCTS

HMCTS has a formal complaints procedure. You can make a complaint:

  • Online: Via the HMCTS complaints form at gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure
  • By email or post: To the Complaints Team at HMCTS headquarters

HMCTS aims to acknowledge complaints within 5 working days and to respond within 20 working days. If you are unhappy with HMCTS's response, you can ask for the complaint to be reviewed by a senior manager.

If the HMCTS complaints process is exhausted and you remain unhappy, you can escalate to the Parliamentary and Health Service Ombudsman (PHSO) via your MP — HMCTS is a government agency and falls within the PHSO's remit.

Judicial Conduct

If you believe a judge or magistrate has acted improperly — through personal conduct, bias, or behaviour that goes beyond legitimate judicial discretion — you can make a complaint to the Judicial Conduct Investigations Office (JCIO).

The JCIO can investigate judicial conduct and, where appropriate, impose sanctions ranging from formal advice to removal from judicial office. However, the JCIO cannot investigate decisions made by judges in their judicial capacity — only their personal conduct. Complaints about judicial decisions must go through the appeal process.

To make a JCIO complaint, complete the form on the judiciary.gov.uk website. Note that the JCIO will not investigate a complaint about a judicial decision disguised as a conduct complaint — if your real grievance is the decision itself, you need legal advice about an appeal.

The JCIO Complaints Process in Detail

The Judicial Conduct Investigations Office (JCIO) is the body responsible for investigating complaints about the personal conduct of judges, magistrates, and tribunal members in England and Wales. Understanding exactly what the JCIO can and cannot investigate — and how the process works — is important before making a complaint.

What the JCIO can investigate: The JCIO investigates personal misconduct by judicial officeholders. This includes: bullying, harassment, or discriminatory remarks made by a judge (whether on the bench or in another context); conduct that calls into question the judge's fitness to hold office; making inappropriate personal disclosures or having conflicts of interest that should have been declared; behaving in a threatening or abusive manner towards parties, witnesses, or court staff; and criminal conduct by a judicial officeholder. The test is whether the conduct could undermine public confidence in the judiciary.

What the JCIO cannot investigate: The JCIO will not investigate complaints about judicial decisions — whether the judge got the law right, weighed the evidence correctly, or came to a fair conclusion. It will not investigate judicial comments that, however unwelcome, fall within the proper exercise of judicial discretion. It will not investigate complaints about the outcome of cases. These matters must be addressed through the appeal process. The JCIO screens complaints carefully and will reject those that are, in substance, dissatisfaction with a judicial decision dressed up as a conduct complaint.

How to make a JCIO complaint: Complete the online complaint form at judicialconduct.judiciary.gov.uk. You will need to provide: your name and contact details; the name of the judicial officeholder you are complaining about; the court or tribunal and the case reference (if known); the date(s) of the incident; a clear factual account of what was said or done; and an explanation of why you consider this to be misconduct rather than an exercise of judicial discretion. The JCIO aims to acknowledge complaints within 10 working days and to provide an initial decision on eligibility within 20 working days. If the complaint passes the eligibility screen, it is referred to the Office for Judicial Complaints for investigation. The judge concerned is given the opportunity to respond. Potential outcomes range from no further action to formal advice, formal warning, or — in the most serious cases — removal from judicial office. Note that the JCIO cannot award compensation — it is a disciplinary body, not a remedy provider.

Frequently asked questions

The court listed my hearing on the wrong date and I missed it — what can I do?
Raise an urgent complaint with the court immediately. If the error was the court's fault, the court should take steps to remedy the consequences — for example, setting aside any adverse order made in your absence and relisting the hearing. You should also make a formal complaint through the HMCTS complaints process and consider requesting a setting-aside application through the legal process at the same time.
I was denied a fee remission — how do I appeal?
If your application for fee remission (Help with Fees) was refused, you can ask the court to review the decision — bring evidence of your income and the basis for your application. If the review is unsuccessful, the decision can be challenged through a formal complaint to HMCTS. Fee remission refusals are administrative decisions and can also be escalated to the PHSO via your MP if HMCTS's response is unsatisfactory.
Can I complain about how a tribunal handled my case?
Yes. Tribunal administrative failures — delays, listing errors, poor communication — can be complained about through the HMCTS complaints process. Tribunal decisions themselves can be appealed to the Upper Tribunal on points of law. For First-tier Tribunal decisions (such as Social Security and Child Support), the appeal route is to the Upper Tribunal via an application for permission to appeal.
A judge made discriminatory remarks during my hearing — is that a JCIO matter?
Yes. Discriminatory, harassing, or bullying remarks made by a judicial officeholder — whether on the bench or elsewhere — fall within the JCIO's remit if they could undermine public confidence in the judiciary. Make a contemporaneous note of exactly what was said, including the date, case reference, and any witnesses present. Submit your JCIO complaint as soon as possible using the form at judicialconduct.judiciary.gov.uk.
Can the JCIO award me compensation for judicial misconduct?
No. The JCIO is a disciplinary body and cannot award compensation. Its outcomes range from no further action to formal advice, formal warning, or removal from judicial office. If you have suffered financial loss or other harm as a result of judicial or court service failures, compensation may be sought through the HMCTS complaints process and ultimately the PHSO — or in exceptional cases through civil litigation, which requires specialist legal advice.

What to do next

  1. 1
    Make a complaint to HMCTS

    HMCTS formal complaints procedure.

  2. 2
    Make a judicial conduct complaint

    Complain about judicial personal conduct.

  3. 3
    Escalate via your MP to the PHSO

    How to refer an HMCTS complaint via your MP.

Official bodies and resources

Parliamentary and Health Service Ombudsman

Ombudsman

Investigates complaints about NHS England and UK government departments, agencies, and public bodies.

Citizens Advice

Charity

Provides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.