‘Vital’ appointment of new Victims Commissioner delayed by government because ‘timing not appropriate’

Incumbent commissioner hits out at government ‘folly’ amid record low prosecution rates, barristers’ strike and court backlogs

Incumbent commissioner Dame Vera Baird said victims need someone ‘in their corner’ (PA)

The appointment of the “vital” Victims’ Commissioner for England and Wales has been delayed by several months after the government re-started the process.

The watchdog represents the interests of victims and witnesses of crime by advising the government, police and the wider criminal justice system, as well as looking at key issues like the handling of rape and domestic abuse.

A government email sent to parties interested in the appointment process on Friday said: “It has been decided that making this significant public appointment would not be appropriate at the present time. As a result, the recruitment process is set to be relaunched.”

No further details of why the timing was not “appropriate” was not given, but public appointment records suggest that the process stopped during the government meltdown earlier this summer.

The current commissioner said the decision, which she said was taken by justice secretary Dominic Raab, “looks like folly”.

Dame Vera Baird QC said the move was “disappointing” amid a series of issues affecting victims, with prosecution rates sitting at a record low as delays to court cases rocket.

“At this critical juncture, victims need a strong advocate to fight their corner,” she added. “There is the enormous crown court backlog, set to further multiply due to government inaction over barristers’ pay, a Victims’ Bill which requires significant work, and a Bill of Rights which is set to erode rather than strengthen victims’ rights.”

A job advert posted on the Cabinet Office public appointments website in March called the role “vital” and said ministers wanted to “substantially improve victims’ experience of the criminal justice system”.

The word has been removed from a new advertisement that went online on Thursday, which instead reads: “The draft Victims Bill set out proposed changes to strengthen the role of the Victims’ Commissioner.”

The original advert said the appointment would be announced in September, but the date has now been pushed back to January - a delay of four months.

The public appointments website suggests that the recruitment process stopped after a panel sifted through applications in May, which saw an intensifying series of scandals for Mr Johnson’s government including the release of the Sue Gray report.

Pressure continued to mount with a series of new scandals and by-election defeats in June, when the final interview for the new Victims Commissioner had been due to take place, and Mr Johnson resigned after a cabinet mutiny on 7 July.

Dame Vera said she was “puzzled” and disappointed by the decision to halt the appointment process, and that she was a candidate in the original round of applications in March.

“At the time, I was encouraged publicly and in private by the Deputy Prime Minister to put myself forward,” she added.

Justice Secretary Dominic Raab made the decision to stop the original appointment process (Joe Giddens/PA) (PA Wire)

“I was happy to do so, and I have received assurances since from the Ministry of Justice that I was an appointable candidate from that process.

“As such, the decision to open the recruitment process again is a puzzling one. I have been advised that this is because the present and interim government did not feel in a position to appoint.”

Dame Vera said she was considering an invitation to extend her tenure until the end of the year and apply again for the role.

A Ministry of Justice spokesperson said the government was embarking on “landmark reforms for victims”.

“The role of the Commissioner will be crucial in delivering this – promoting the interests of victims and witnesses and ensuring all parts of the criminal justice system meet the standards set out in the Victims’ Code,” a statement added.

It follows a series of other delays and controversies over high-profile public appointments.

The Home Office-led selection of the new director general of the National Crime Agency was stopped at a late stage in May, amid alleged Downing Street interference.

Two suitable candidates had reached the final part of the process when it was restarted, but original finalist and acting director general Graeme Biggar was then given the role.

Last year, the government also stopped and restarted the hiring process for a new chair of Ofcom amid speculation that former Daily Mail editor Paul Dacre was the preferred candidate. Conservative peer Lord Michael Grade was appointed in April.

Earlier in 2021, there was controversy over the appointment of the independent reviewer of the Prevent counter-terrorism programme.

Nazi Afzal, the former chief crown prosecutor in the north-west, said media reports named eventual appointee William Shawcross as ministers’ favoured candidate before he was interviewed.

Several other major appointments have been delayed without explanation. The former Commissioner for Countering Extremism, Sara Khan, was not initially replaced when her term ended in March 2021 and the Home Office created an “interim” post that lasted for 16 months instead.

The holder of that role, Robin Simcox, was then made the full commissioner in July after what the Home Office called a “robust open competition”.

There has been no Independent Anti-Slavery Commissioner since Dame Sara Thornton’s set three-year term ended in April.

The government’s public appointments website says the competition for her successor has closed, but there has been no announcement since final interviews took place in April.

The slavery watchdog said that in the absence of a commissioner, staff “have no remit to provide views or take on or contribute to new work”.