On 2 August 2016, writing in "The Times" Frances Gibb reported that Smith had "been signed off sick and may never return to work", being mentally unfit to defend himself in a disciplinary inquiry, which could mean that a decision may not be made for several months. A spokesman for the Judicial Conduct Investigations Office was reported as having said: "The JCIO investigation into the BA matter is continuing." A separate inquiry relating to the Harb appeal was under way. He would not confirm whether the judge was unwell.