Bromley Magistrates December 2007 Section 135[1] Warrant re the 1983 Mental Health Act

Dear Her Majesty’s Courts and the Tribunals Service,

Bromley Magistrates December 2007 Section 135[1] Warrant re the
1983 Mental Health Act

I am making a Freedom of Information Request.

I am trying to find out about how any application was made for a
Section 135{1} Warrant to Bromley Magistrates in December 2007, re
Mental Health Act 1983 as it was in December 2007 and not as it is
now amended by the recent amendments of the 1983[2007] Act.

1. ENTITLEMENT TO MAKE A SECTION 135(1) APPLICATION

i] Who was entitled to make such an application?

ii] Was it limited to Approved Social Workers or who else was
entitled to apply to the Magistrates? Could an ordinary Social
Worker apply to the Magistrates?

iii] Could a police officer make such an application? Or a police
worker? Or a PCSO?

iv] Could a nurse make such an application?

2. WHAT EVIDENCE HAD TO BE GIVEN TO BROMLEY MAGISTRATES COURT IN
DECEMBER 2007 TO SUPPORT A WARRANT 135[1] APPLICATION?

i] Did the Magistrates HAVE to be given sight of medical records or
copy of medical records?

ii] Did the Magistrates HAVE to be given EVIDENCE as well as an
application letter claiming that a person was believed to have a
long history of mental illness going back to a certain date with a
working diagnosis of a major mental illness? Or did the Magistrates
simply accept that a letter from an ASW was evidence enough and
that the word of the asw was good enough to accept that urgent
action had to be done?

But if it turned out that in fact the letter of application was
spurious and not based on FACT and that the so-called "evidence"
was misconstrued and that in the alternative there was NO evidence
of any such long history of mental illness as given to Bromley
Magistrates Court, what remedy in law is there to make Bromley
Magistrates Court release the full documentation that was supplied
to them so that the DPA 1998 materials of the dramatis personae may
be corrected via the Information Commission? And what remedy can be
taken against any ASW who has caused great distress to the person
in question and his/her family?

I would like to know please.

Thank you very much,

Yours sincerely,

Rosemary Cantwell

Campaigner for Liberty, Truth and Justice

Dear Her Majesty’s Courts and the Tribunals Service,

I wish to add to my Freedom of Information Request regarding
Bromley Magistrates December 2007 Section 135[1] Warrant re the
1983 Mental Health Act.

In a public message to me on http://whatdotheyknow.com publicly
viewable and annotatable two-way interface charity website, Yvonne
Pears, someone whom I do not know, except by her messages and FOI
Requests, and likewise she only knows of me by my messages and FOI
Requests through this charity website, wrote the following public
message, and as such I am at liberty to ask you to look at this, as
clearly there is a question of due process of law at Bromley
Magistrates Court on 19 December 2007 re an application by ASW
registered Social Worker John St. Claire working in the London
Borough of Bromley and who was Manager of Orpington CMHT.

At that time - and I believe is still the case in 2012 - LONDON
BOROUGH OF BROMLEY partnered with OXLEAS Mental Health NHS Trust
and partnered with the Metropolitan Police were providing a Bromley
Adult Safeguarding [Police] Unit.

I refer now to the message:

Yvonne Pears. left an annotation (11 February 2012)
There is a similar case under way in Coventry right now.
You MAY wish to contact the Judge who signed the Warrant and ask
him/her to provide you with the "FOUNDATION EVIDENCE" to support
his/her claims. On the back of the Judge being unable to provide
proof of a Lawful claim, you can then "APPEAL-SUMMARY JUDGEMENT".
You may wish to Appeal on the basis of Perverting the Course of
Justice and Malfeasance in Public Office. I hope this is of some
use to you. It is always a good option to firstly ask the Judge for
his/her "REASONS" for signing the Warrant.

1.] I wish to know which judge - or judges - was/were sitting at
Bromley Magistrates Court on the day of 19 December 2007.

2] I wish to know who came and presented evidence in person to the
Bromley Magistrates Court on the day of 19 December 2007. Was it
John Victor St. Claire? Was there any other authority such as a
police officer of the Metropolitan Police eg, Susan Farmer or
Martin Hills, Police Liaison Officer?

3] What paper and / or electronic evidence was provided? Was there
any photographic evidence provided? If so, what?

4] Was there any tape-recorded evidence provided? If so, what?

5] Was there any witness evidence provided by neighbours? If so,
what?

6] Was there any evidence of complaints by anyone about this
person?

7] Was there any evidence of mental disorder about this person
other than the letter of application which was unsubstantiated
UNLESS corroborated by the evidence, and this is why I request what
actual evidence Bromley Magistrates Court on 19 December 2007
actually had before the Judge/Magistrates.

8] Was there any evidence of lack of mental capacity shown to the
Magistrates Court? If so, what?

9] Was there any evidence that this person did, in the alternative,
have full rights to believe that he/she could go about their daily
lives unhindered and unmolested by Social Services, the
Metropolitan Police, Oxleas Mental Health NHS Trust - NONE of which
had ever treated this person yet is described in the letter of
application as a "client"?

10] Was there any evidence put to the Magistrates that the person
had made an advanced directive in May 2007 that this person did not
wish to be investigated by Oxleas or be given any assistance by
Oxleas or LBB Social Services, when the evidence is actually on
record and signed by this person?

11] Was there any evidence put to the Magistrates by the person's
GP? If so, what? Because there is evidence that the person's GP did
NOT insist on this person having to receive any services from
Oxleas or LBB AGAINST THEIR WILL and also that the GP fully
accepted that it was the FREE WILL OF THE PERSON HIM/HERSELF to
self-determine whether or not he/she chose to see the GP at all;
and free will of the person to decide if he/she wished to live in
the place of residence and choose how he/she spent his/her time
either with or without state benefits living with the person of
his/her choice in whatever environment he/she chose in whatever
state it was in regardless of the sensibilities of people peering
through windows frightening this person in his/her own abode.

12] Where is the Magistrates Court Decision and reasons for
Decision as these are essential in order to discover whether or not
the Magistrates actually knew what the true position and status of
this person was, I aver.

13] Please ask the Judge/Magistrate who signed the Warrant Section
135[1] at Bromley Magistrates Court on 19 December 2007 to produce
the "FOUNDATION EVIDENCE" to support his/her claims. Please produce
this evidence to me.

14] Can the Judge/Magistrate actually provide proof of a lawful
claim? Please produce this evidence to me.

15] I wish to make formal request how to request the
"APPEAL-SUMMARY JUDGEMENT". Depending on the precise grounds and
what evidence base was given to the Magistrates it may be that
there is an appeals process whereby an appeal can be made and I
wish to know precisely what the process is for this. Please provide
me with the legal framework on which to base an Appeal against due
process and procedure. Thank you.

I would be most grareful for your response please.

Yours sincerely,

ROSEMARY CANTWELL

Campaigner for Liberty, Truth and Justice

Dear HMCTS Court Service

I wish to make it clear that I am NOT ALLEGING anything against
anyone - including the Social Worker John St.Claire's application
letter and the judge Tomlins, but that there does seem to be an
assumption of things in the letter of application which without
CONCRETE proofs might not be absolute proofs. And as such I am very
concerned about this particular case.

I am not saying ANYTHING AGAINST ANY PERSON - I am just asking for
what proofs there were.

Please pass this on.

Thank you so much.

I am ill with worry, stress and realise that I may have given an
impression of wrongdoing which I do not want to do - but I do want
to know the truth and how it was that we could go 4 YEARS without
being told.

That has destroyed me totally and I am now a psychiatric wreck and
loose cannon not knowing what I am writing any more.

Ruth Lerew of Oxleas is right when she says I am "obsessive
compulsive" because I feel that my whole family has been damaged
and there is no recovery from it. As such I feel my whole life is
pointless unless I can get the truth.

Yours sincerely,

ROSEMARY CANTWELL

Campaigner for liberty, truth and justice

6 March 2012

Dear Ms Hutchins and Mr Turner MP for the Isle of Wight,

I am very grateful to you.

May I point out that at that time I was technically the Nearest
Relative as being the eldest sibling. This was confirmed by a
solicitor in 2011.

I believe that because I was not informed, that my rights as
Nearest Relative were trampled upon left right and centre under the
old Mental Health Act 1983.

Yours sincerely,

ROSEMARY CANTWELL

Campaigner for liberty, truth and justice

FOI 74903

10 MARCH 2012

Dear Her Majesty’s Courts and the Tribunals Service, Ms Hutchins,
Mr Turner MP for the Isle of Wight, the Attorney General, Mr
Starmer, Director Public Prosecutions, Crown Prosecution Service,
Mrs May Home Secretary, Mr Cameron Prime Minister of Great Britain
and Northern Ireland,

I am writing to request an internal review of Her Majesty’s Courts
and the Tribunals Service's handling of my FOI request 'Bromley
Magistrates December 2007 Section 135[1] Warrant re the 1983 Mental
Health Act'.

I have made a formal request on 10 February 2012 and this was
acknowledged in an attachment by Ms Hutchins. I would like this to
be investigated as I have not had the data as requested on 10
February 2012 and 20 working days has gone by without response.

Whatdotheyknow.com website has given me a reminder:
"The response to your request has been delayed. You can say that,
by law, the authority should normally have responded promptly and
by 9 March 2012 (details)."

I would be most grateful to have your response please. I also wish
to know the details of how I may make formal complaint about
people.

Thank you very much,

Yours sincerely,

Rosemary Cantwell

Campaigner for legal reform, liberty, truth and justice

10 February 2012
Dear Her Majesty’s Courts and the Tribunals Service,

Bromley Magistrates December 2007 Section 135[1] Warrant re the
1983 Mental Health Act

I am making a Freedom of Information Request.

I am trying to find out about how any application was made for a
Section 135{1} Warrant to Bromley Magistrates in December 2007, re
Mental Health Act 1983 as it was in December 2007 and not as it is
now amended by the recent amendments of the 1983[2007] Act.

1. ENTITLEMENT TO MAKE A SECTION 135(1) APPLICATION

i] Who was entitled to make such an application?

ii] Was it limited to Approved Social Workers or who else was
entitled to apply to the Magistrates? Could an ordinary Social
Worker apply to the Magistrates?

iii] Could a police officer make such an application? Or a police
worker? Or a PCSO?

iv] Could a nurse make such an application?

2. WHAT EVIDENCE HAD TO BE GIVEN TO BROMLEY MAGISTRATES COURT IN
DECEMBER 2007 TO SUPPORT A WARRANT 135[1] APPLICATION?

i] Did the Magistrates HAVE to be given sight of medical records or
copy of medical records?

ii] Did the Magistrates HAVE to be given EVIDENCE as well as an
application letter claiming that a person was believed to have a
long history of mental illness going back to a certain date with a
working diagnosis of a major mental illness? Or did the Magistrates
simply accept that a letter from an ASW was evidence enough and
that the word of the asw was good enough to accept that urgent
action had to be done?

But if it turned out that in fact the letter of application was
spurious and not based on FACT and that the so-called "evidence"
was misconstrued and that in the alternative there was NO evidence
of any such long history of mental illness as given to Bromley
Magistrates Court, what remedy in law is there to make Bromley
Magistrates Court release the full documentation that was supplied
to them so that the DPA 1998 materials of the dramatis personae may
be corrected via the Information Commission? And what remedy can be
taken against any ASW who has caused great distress to the person
in question and his/her family?

I would like to know please.

Thank you very much,

Yours sincerely,

Rosemary Cantwell

Campaigner for Liberty, Truth and Justice

From: ROSEMARY CANTWELL

11 February 2012
Dear Her Majesty’s Courts and the Tribunals Service,

I wish to add to my Freedom of Information Request regarding
Bromley Magistrates December 2007 Section 135[1] Warrant re the
1983 Mental Health Act.

In a public message to me on http://whatdotheyknow.com publicly
viewable and annotatable two-way interface charity website, Yvonne
Pears, someone whom I do not know, except by her messages and FOI
Requests, and likewise she only knows of me by my messages and FOI
Requests through this charity website, wrote the following public
message, and as such I am at liberty to ask you to look at this, as
clearly there is a question of due process of law at Bromley
Magistrates Court on 19 December 2007 re an application by ASW
registered Social Worker John St. Claire working in the London
Borough of Bromley and who was Manager of Orpington CMHT.

At that time - and I believe is still the case in 2012 - LONDON
BOROUGH OF BROMLEY partnered with OXLEAS Mental Health NHS Trust
and partnered with the Metropolitan Police were providing a Bromley
Adult Safeguarding [Police] Unit.

I refer now to the message:

Yvonne Pears. left an annotation (11 February 2012)
There is a similar case under way in Coventry right now.
You MAY wish to contact the Judge who signed the Warrant and ask
him/her to provide you with the "FOUNDATION EVIDENCE" to support
his/her claims. On the back of the Judge being unable to provide
proof of a Lawful claim, you can then "APPEAL-SUMMARY JUDGEMENT".
You may wish to Appeal on the basis of Perverting the Course of
Justice and Malfeasance in Public Office. I hope this is of some
use to you. It is always a good option to firstly ask the Judge for
his/her "REASONS" for signing the Warrant.

1.] I wish to know which judge - or judges - was/were sitting at
Bromley Magistrates Court on the day of 19 December 2007.

2] I wish to know who came and presented evidence in person to the
Bromley Magistrates Court on the day of 19 December 2007. Was it
John Victor St. Claire? Was there any other authority such as a
police officer of the Metropolitan Police eg, Susan Farmer or
Martin Hills, Police Liaison Officer?

3] What paper and / or electronic evidence was provided? Was there
any photographic evidence provided? If so, what?

4] Was there any tape-recorded evidence provided? If so, what?

5] Was there any witness evidence provided by neighbours? If so,
what?

6] Was there any evidence of complaints by anyone about this
person?

7] Was there any evidence of mental disorder about this person
other than the letter of application which was unsubstantiated
UNLESS corroborated by the evidence, and this is why I request what
actual evidence Bromley Magistrates Court on 19 December 2007
actually had before the Judge/Magistrates.

8] Was there any evidence of lack of mental capacity shown to the
Magistrates Court? If so, what?

9] Was there any evidence that this person did, in the alternative,
have full rights to believe that he/she could go about their daily
lives unhindered and unmolested by Social Services, the
Metropolitan Police, Oxleas Mental Health NHS Trust - NONE of which
had ever treated this person yet is described in the letter of
application as a "client"?

10] Was there any evidence put to the Magistrates that the person
had made an advanced directive in May 2007 that this person did not
wish to be investigated by Oxleas or be given any assistance by
Oxleas or LBB Social Services, when the evidence is actually on
record and signed by this person?

11] Was there any evidence put to the Magistrates by the person's
GP? If so, what? Because there is evidence that the person's GP did
NOT insist on this person having to receive any services from
Oxleas or LBB AGAINST THEIR WILL and also that the GP fully
accepted that it was the FREE WILL OF THE PERSON HIM/HERSELF to
self-determine whether or not he/she chose to see the GP at all;
and free will of the person to decide if he/she wished to live in
the place of residence and choose how he/she spent his/her time
either with or without state benefits living with the person of
his/her choice in whatever environment he/she chose in whatever
state it was in regardless of the sensibilities of people peering
through windows frightening this person in his/her own abode.

12] Where is the Magistrates Court Decision and reasons for
Decision as these are essential in order to discover whether or not
the Magistrates actually knew what the true position and status of
this person was, I aver.

13] Please ask the Judge/Magistrate who signed the Warrant Section
135[1] at Bromley Magistrates Court on 19 December 2007 to produce
the "FOUNDATION EVIDENCE" to support his/her claims. Please produce
this evidence to me.

14] Can the Judge/Magistrate actually provide proof of a lawful
claim? Please produce this evidence to me.

15] I wish to make formal request how to request the
"APPEAL-SUMMARY JUDGEMENT". Depending on the precise grounds and
what evidence base was given to the Magistrates it may be that
there is an appeals process whereby an appeal can be made and I
wish to know precisely what the process is for this. Please provide
me with the legal framework on which to base an Appeal against due
process and procedure. Thank you.

I would be most grareful for your response please.

Yours sincerely,

ROSEMARY CANTWELL

Campaigner for Liberty, Truth and Justice

Link to this
From: Hutchins, Katrina
Her Majesty’s Courts and the Tribunals Service

16 February 2012

-------------------------------------------------------

FOI 74903 Rosemary Cantwell ack.doc
120K Download View as HTML

-------------------------------------------------------

Dear Ms Cantwell,

Please find attached an acknowledgement for your Freedom of
Information
request.

Kind regards

Katrina

Katrina Hutchins
Regional Support Unit/Kilo
HM Courts & Tribunals Service London
3rd Floor, Rose Court
2 Southwark Bridge
SE1 9HS

From: ROSEMARY CANTWELL

25 February 2012
Dear HMCTS Court Service

I wish to make it clear that I am NOT ALLEGING anything against
anyone - including the Social Worker John St.Claire's application
letter and the judge Tomlins, but that there does seem to be an
assumption of things in the letter of application which without
CONCRETE proofs might not be absolute proofs. And as such I am very
concerned about this particular case.

I am not saying ANYTHING AGAINST ANY PERSON - I am just asking for
what proofs there were.

Please pass this on.

Thank you so much.

I am ill with worry, stress and realise that I may have given an
impression of wrongdoing which I do not want to do - but I do want
to know the truth and how it was that we could go 4 YEARS without
being told.

That has destroyed me totally and I am now a psychiatric wreck and
loose cannon not knowing what I am writing any more.

Ruth Lerew of Oxleas is right when she says I am "obsessive
compulsive" because I feel that my whole family has been damaged
and there is no recovery from it. As such I feel my whole life is
pointless unless I can get the truth.

Yours sincerely,

ROSEMARY CANTWELL

Campaigner for liberty, truth and justice

From: Hutchins, Katrina
Her Majesty’s Courts and the Tribunals Service

25 February 2012
Thank you for your e-mail, I will be out of the office on Monday 27
February.

From: Hutchins, Katrina
Her Majesty’s Courts and the Tribunals Service

28 February 2012
Dear Ms Cantwell,

Thanks you for your email the contents of which have been noted.

Regards

Katrina

From: ROSEMARY CANTWELL

7 March 2012
6 March 2012

Dear Ms Hutchins and Mr Turner MP for the Isle of Wight,

I am very grateful to you.

May I point out that at that time I was technically the Nearest
Relative as being the eldest sibling. This was confirmed by a
solicitor in 2011.

I believe that because I was not informed, that my rights as
Nearest Relative were trampled upon left right and centre under the
old Mental Health Act 1983.

Yours sincerely,

ROSEMARY CANTWELL

Campaigner for liberty, truth and justice

Ms Rosemary Cantwell

Katrina Hutchins
HMCTS London Regional Office

Our Reference: 74903 16 February 2012

Freedom of Information Request

Dear Ms Cantwell,

Thank you for your email dated 10 February 2012 sent to the
Ministry of Justice in which you asked for the following
information. .

I am trying to find out about how any application was made for a
Section 135{1} Warrant to Bromley Magistrates in December 2007, re
Mental Health Act 1983 as it was in December 2007 and not as it is
now amended by the recent amendments of the 1983[2007] Act.

1. ENTITLEMENT TO MAKE A SECTION 135(1) APPLICATION

i] Who was entitled to make such an application?

ii] Was it limited to Approved Social Workers or who else was
entitled to apply to the Magistrates? Could an ordinary Social
Worker apply to the Magistrates?

iii] Could a police officer make such an application? Or a police
worker? Or a PCSO?

iv] Could a nurse make such an application?

2. WHAT EVIDENCE HAD TO BE GIVEN TO BROMLEY MAGISTRATES COURT IN
DECEMBER 2007 TO SUPPORT A WARRANT 135[1] APPLICATION?

i] Did the Magistrates HAVE to be given sight of medical records or
copy of medical records?

ii] Did the Magistrates HAVE to be given EVIDENCE as well as an
application letter claiming that a person was believed to have a
long history of mental illness going back to a certain date with a
working diagnosis of a major mental illness? Or did the Magistrates
simply accept that a letter from an ASW was evidence enough and
that the word of the asw was good enough to accept that urgent
action had to be done?

I wish to add to my Freedom of Information Request regarding
Bromley Magistrates December 2007 Section 135[1] Warrant re the
1983 Mental Health Act.

In a public message to me on http://whatdotheyknow.com publicly
viewable and annotatable two-way interface charity website, Yvonne
Pears, someone whom I do not know, except by her messages and FOI
Requests, and likewise she only knows of me by my messages and FOI
Requests through this charity website, wrote the following public
message, and as such I am at liberty to ask you to look at this, as
clearly there is a question of due process of law at Bromley
Magistrates Court on 19 December 2007 re an application by ASW
registered Social Worker John St. Claire working in the London
Borough of Bromley and who was Manager of Orpington CMHT.

At that time - and I believe is still the case in 2012 - LONDON
BOROUGH OF BROMLEY partnered with OXLEAS Mental Health NHS Trust
and partnered with the Metropolitan Police were providing a Bromley
Adult Safeguarding [Police] Unit.

Your request has been passed to me because I have responsibility
for answering requests relating to Her Majesty’s Courts & Tribunal
Service (HMCTS) and is being handled under the Freedom of
Information Act 2000

Under the Act, the department is required to provide you with a
response within 20 working days. I will write to you in response to
your request for information by 9 March 2012.

The Freedom of Information Act includes a number of exemptions to
releasing information. Some of these are qualified exemptions which
require us to consider whether it is in the public interest to
disclose or withhold the information. In these circumstances we may
need more time to consider your request, and if this is the case I
will write to you by the date above to inform you of when you can
expect to receive a response.

If you have any queries regarding this request please do not
hesitate to contact me, quoting ref: FOI 74903 in all future
correspondence.

Yours sincerely

Katrina Hutchins

Katrina Hutchins
Regional Support Unit Manager/Kilo

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/br...

Yours faithfully,

ROSEMARY CANTWELL

Dear Her Majesty’s Courts and the Tribunals Service,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Her Majesty’s Courts
and the Tribunals Service's handling of my FOI request 'Bromley
Magistrates December 2007 Section 135[1] Warrant re the 1983 Mental
Health Act'.

Unfortunately, I have had no data from Her Majesty's Courts and
Tribunals Service and would like to have the information as
requested.

Thank you very much.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/br...

Yours sincerely,

ROSEMARY CANTWELL

Campaigner for legal reform, liberty, truth and justice