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© Copyright, Judicial Appointments Commission 2026.

Independent review of statutory consultation

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The review has found that that evidence-based statutory consultation can support the selection panel in assessing candidates and that there is no direct evidence that the statutory consultation process impacts disproportionately on recommendations for appointment for any group.

The report has also made some sound recommendations that the Commission will be taking forward from September as part of a revised approach to statutory consultation within the existing statutory framework.  We believe the changes announced today will help develop the process and practice of statutory consultation to secure fairness, practicality and transparency whilst maintaining the important role that statutory consultation can play. The changes include:

  • requesting dispensation to waive statutory consultation on a case-by-case basis, in large fee-paid exercises where consultees are unlikely to have relevant information on a substantial proportion of candidates.
  • where statutory consultation is retained, consultation will always take place before interview, to assist panels’ overall assessment of candidates. Candidates who are already judicial office holders will be able to separately request a conversation with their leadership judge around their application and their suitability for the role.
  • revising, strengthening and publishing the guidance for consultees and providing additional communication to candidates on how evidence is collated, weighted, and used in the process.