Ground JR-21

https://www.michaeldariuseastwood.com/legal

JR-21

13+ Months Ignoring Complaint (PSED Failure)

LOCKED MEDIUM Priority

MEDIUM PRIORITY

8/10

Probability

6/10

Impact

Priority Score

13+ months without investigation. PSED failure on complaint about discrimination.

Formal complaint filed 20 Feb 2025 against Master Kaye documenting disability discrimination. JCIO has not investigated in 13+ months. PSED requires due regard to eliminating discrimination. Ignoring complaints about discrimination is itself a PSED failure.

Supporting Evidence

Authorities (1)

R (Gerber) v Wiltshire Council [2016] EWCA Civ 84

Exhibits (1)

CA-CORR-001 Subject Access Request (20 Feb 2025)

Counter-Arguments & Rebuttals (2)

What the opponent will argue, and why they are wrong.

JCIO · LOW Risk

They will argue

Complaints are investigated according to JCIO's own timescales.

Rebuttal

13+ months of COMPLETE SILENCE. Not 'investigating slowly' but NO RESPONSE AT ALL. The complaint documented the Chancery Division LCRO (BL-2024-001089 only) imposed by the same judge 7 days after complaint, on undefended proceedings (no defence for 540+ days). Apparent bias, 8 ex parte orders, PD 1A failures. CROs disproportionately target litigants in person. PSED (s.149) requires due regard to eliminating discrimination. Ignoring complaints about discrimination is itself a PSED failure. R (Gerber): continuing omissions extend time limit.

Authorities: AUTH-CASE-049

Rebuttal Confidence 8/10

JCIO · LOW Risk

They will argue

JCIO is independent and its investigative priorities are not amenable to judicial review.

Rebuttal

JCIO is a public body subject to PSED. Its decision NOT to investigate a complaint about disability discrimination is itself a decision amenable to JR. The continuing failure to respond (not even an acknowledgement) extends the JR time limit under R (Gerber). 13+ months is not 'taking time'. It is institutional failure.

Authorities: AUTH-CASE-049

Rebuttal Confidence 8/10

Evidence Chain (2 proof trails)

EC-020 OVERWHELMING (9/10)

SAR unanswered for 395+ days (filed 20.02.2025)

Primary Evidence

MDE-SAR-001 (Subject Access Request, 20 Feb 2025) CORRESPONDENCE CONCLUSIVE

SAR sent. No response. 395+ days exceeds statutory 30-day limit by 365+ days.

Corroborating Evidence (4)

F-TRANSCRIPT-ROLLS-SILENCE (6 EX107s ignored) PATTERN STRONG
F-EMAILS-IGNORED (16 substantive emails) PATTERN STRONG
JR-DOC-002 (Schedule of 16 Ignored Emails) DOCUMENTARY STRONG
FACT-BIAS-003 (JCIO complaint, 20.02.2025) PATTERN STRONG

Overall Strength: OVERWHELMING

EC-032 STRONG (8/10)

JCIO complaint filed 20 Feb 2025, uninvestigated for 13+ months

Primary Evidence

JR-CORR-003 (Formal Judicial Complaint, 20 Feb 2025) CORRESPONDENCE CONCLUSIVE

Complaint filed. No investigation commenced. 13+ months.

Corroborating Evidence (2)

EC-003 (7-day complaint-to-Chancery Division LCRO nexus) CROSS_REFERENCE CONCLUSIVE
JR-21 (PSED failure by JCIO) GROUND STRONG

Overall Strength: STRONG

Ground Dependencies

If This Ground Succeeds

AR-15
JCIO directed to investigate within specified timeframe. PSED failure in complaints process established. Master Kaye accountability.

If This Ground Fails

G-A6
G-A7
JR-20
Court finds JCIO has discretion on timing. 13+ months is objectively unreasonable but court may defer. Bias (G-A6) and unfairness (G-A7) grounds attack Master Kaye's conduct independently.

Fallback: JCIO complaint is supporting evidence for bias pattern. Master Kaye's conduct is attacked directly via appeal grounds.

Independence: Partially dependent on other grounds succeeding.

Where This Appears

Case Assignment

Chelsea

Linked Facts (2)

FACT-OTHER-001 FACT-EQUALITY-001

Linked Exhibits (1)

MDE-SAR-001

Linked Authorities (3)

R (Gerber) v Wiltshire Council [2016] EWCA Civ 84 AUTH-CASE-053 AUTH-CASE-054

Admin Notice Parts: III · Relief: I · All Grounds · Relief Sought · Argument Map