Statutory consultation candidate guidance

Statutory consultation is a process in which the Judicial Appointments Commission (JAC) seek responses on candidates from an existing judicial office holder. The Judicial Appointments Regulations 2013 imposes a statutory duty on the JAC to consult “a person who has held office for which a selection is to be made or has other relevant experience”.  Statutory consultation is carried out unless our Chair and the Appropriate Authority (Lord Chancellor, Lady Chief Justice or Senior President of Tribunals) agree in advance to dispense with the requirement. The relevant factors for the Commission’s consideration of a request to dispense with the requirement for statutory consultation responses in an exercise includes:  

• the size and nature (fee-paid or salaried) of the exercise  

• the likelihood that consultees will have relevant information on the suitability of candidates for the role and for a significant proportion of the candidate pool  

• the timing of when any statutory consultation could be undertaken 

The JAC has a statutory duty to select people for judicial appointment only on merit and to select only those who are of good character. Judges are independent and there is no traditional employer/employee relationship. They are instead appointed office holders, and salaried judicial office holders who are prohibited from other types of employment for life. Statutory consultation therefore forms part of the specific legal process that has been put in place by Parliament to ensure the public retain confidence in the judiciary. Statutory consultation material can provide important insight into a candidate’s current and potential work performance and their character and therefore helps to ensure that only suitable candidates are appointed as judges.  

When statutory consultation is retained, statutory consultees should have enough direct knowledge of a candidate’s skills and abilities to be able to provide evidenced responses on a candidate’s potential for the judicial position for which they are applying. Responses may also be sought from an appropriate sub-consultee such as the candidate’s relevant leadership judges, if for example, the statutory consultee does not have enough direct knowledge of a candidate’s skills and abilities to provide evidence-based responses. Candidates who are existing judicial office holders are encouraged to speak to their leadership judge around their application and suitability for the role. This can also be useful to candidates in nominating their leadership judge as an independent assessor. 

The statutory consultees and any sub-consultees are provided with guidance, which is also published on each exercise information page, highlighting the need for objective and evidence-based responses. Consultation responses should cover the following points in as much detail as possible: 

• explain whether the consultee knows the candidate, in what context and whether the consultee has provided an independent assessment. (Being an independent assessor does not prevent someone from providing statutory consultation responses but it should be clearly stated that they have provided an independent assessment) 

• identify the candidate’s key attributes, any strengths and any weaknesses, with examples and, wherever possible, by reference to the Judicial Skills and Abilities Framework 

• if the information comes from a third party, the source must be disclosed by name and the nature of the relationship between the third party and the candidate. This allows a direct approach in the event that further detail is required. Any direct approach to a third party will not be made without first consulting the statutory consultee/sub-consultee 

• indicate whether any concerns have been raised previously with the candidate and, if so, when and in what context. An indication of whether there has been any consequential change and the details of this should also be provided  

• indicate whether the evidence provided suggests that the candidate is selectable or not presently selectable. If the candidate is not thought to be presently selectable, clear reasons should be provided to explain that conclusion by reference to the evidence obtained  

Statutory consultation material must be objective, evidence-based and provide examples. Responses that are mere assertion or speculation will not be taken into account, regardless of whether they are positive or negative, and regardless of the position of the person providing them. Adverse conclusions will not be drawn if a candidate receives no statutory consultation feedback.  

Statutory consultation is sought before selection days on all shortlisted candidates. Panel members are required to consider relevant statutory consultation material thoroughly as part of the assessment process. Relevant statutory consultation material forms part of the overall assessment of a candidate against the merit-based selection criteria. It is considered alongside the candidate’s self-assessment, independent assessments, and performance at selection day. This means that the Commission is able to draw on the widest range of evidence available to ensure that only the most meritorious candidates of good character are recommended. 

Statutory consultation material is not given greater weight than any other source of evidence 

In July 2025, the Court of Appeal identified five options that are lawfully available to the JAC when handling statutory consultation responses.

These are: 

1. disregarding the material

2. seeking to explore the material at interview without making the candidate aware of it or making any direct reference to it

3. putting the gist of the material to the candidate, whilst preserving the confidentiality of the consultee and sub-consultees  

4. seeking the consent of the consultee to disclose the material for the candidate’s responses and then doing so, if consent is granted  

5. even if such consent is refused, deciding to put the material to the candidate under section 139(4)(b) of the Constitutional Reform Act 2005

When reviewing statutory consultation responses, the JAC will consider each of the above options, in order, to determine the fairest approach in handling the response.  

You can read the guidance provided to the statutory consultee on our website for further information.