James Carter Family Solicitor - how many cases for/against KCC

Ms S Foster (Account suspended) made this Freedom of Information request to Kent County Council

Waiting for an internal review by Kent County Council of their handling of this request.

From: Ms S Foster (Account suspended)

19 June 2009

Dear Sir or Madam,

Please will you confirm how many cases James Carter solicitor has
acted both for KCC and against, with regards to child cases?

And clarify if the same James Carter is the brother of the
conservative leader Mr Paul Carter, as is our understanding?

Thanking you in advance.

Yours faithfully,

Ms S Foster

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Kent County Council

19 June 2009

Dear Ms Foster

Thank you for your email.

I acknowledge your request for information under the Freedom of
Information Act 2000. Assuming we hold this information, I will endeavour
to supply the data to you as soon as possible but no later than 17th July
2009 (20 working days from date of receipt).

I will advise you as soon as possible if we do not hold this information
or if there are exemptions to be considered and/or any costs for providing
the information. Please quote our reference - FOI/09/694 - in any
communication regarding this particular request.

Best regards
Corporate Access to Information Team, Chief Executive's Department
Kent County Council, Legal & Democratic Services, Room 1.94, Sessions
House, County Hall, Maidstone. ME14 1XQ.
Tel: 01622 696265 or 01622 694261 - Fax: 01622 694383
[1]http://www.kent.gov.uk/council-and-democ...

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Kent County Council

21 July 2009

Dear Ms Foster

Thank you for your request for information. Please accept my apologies for
the slight delay in replying to you; I appreciate that the Council has not
complied with statutory timescales on this occasion.

As you may or may not be aware, the Freedom of Information Act 2000
provides people with a right of access to recorded information held by
public authorities like Kent County Council. In return, public authorities
must confirm whether they hold the information requested or not, and if
they do, provide it to the applicant subject to any fees or exemptions
that may be applicable. The Act places no obligation on public authorities
to create information to satisfy requests.

I can confirm that KCC does not hold any information about a solicitor
called James Carter and there is no employee with this name.

However, even though there is no obligation to do so, I have asked the
Leader to comment on your request. In order to satisfy public interest and
accountability, he confirms that he does have a brother called James
Carter who is a partner at the Martin Tolhurst practice in Gravesend.

Actual logs or records of solicitors acting for other parties in child
care cases are not kept, however information about legal representation
will be recorded on each individual case file. To establish whether a
solicitor named James Carter has been involved in any particular case will
require examining every single case file. Using a few case files as a
example, it took an average of 30 minutes per case to extract the case and
examine the records within to search for any mention of a James Carter.
Records maintained by Kent County Council's Legal Services indicate that
since 2005, some 1019 files have been opened which relate to child care
case or where advice has been given on child care cases and we estimate
that it would take approximately 509 hours to look through every one. This
obviously exceeds the appropriate limit of £450 (equivalent to 18 hours @
£25 per hour), therefore under section 12 of the Freedom of Information
Act 2000, we are not obliged to comply with your request.

Until KCC's Social Services Legal Team was formed in 1989, most of KCC's
child protection cases were dealt with by private solicitors. This
arrangement was brought to an end because it was costing the Council far
too much. However several senior solicitors within the Legal team who have
been employed since before this date have confirmed that they have no
recollection of James Carter or his practice being involved in any child
protection court cases for very many years, either acting for or against
KCC and certainly not since 1991, long before Paul Carter became a County
Councillor.

If you are unhappy with this response, and believe KCC has not complied
with legislation, please ask for a review by following our complaints
process; details can be found at this link
[1]http://www.kent.gov.uk/council-and-democ...
on our website. Please quote reference FOI/09/694.

If you still remain dissatisfied following an internal review, you can
appeal to the Information Commissioner, who oversees compliance with the
Freedom of Information Act 2000. Details of what you need to do, should
you wish to pursue this course of action, are available from the
Information Commissioner*s website
[2]http://www.ico.gov.uk/complaints/freedom...

Best regards

Caroline Dodge
Corporate Access to Information Coordinator, Chief Executive's Department
Kent County Council, Legal & Democratic Services, Room 1.94, Sessions
House, County Hall, Maidstone. ME14 1XQ.
Tel: 01622 221652 - Fax: 01622 694383
[3]http://www.kent.gov.uk/council-and-democ...

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From: Ms S Foster (Account suspended)

12 August 2009

Dear Caroline Dodge,

Thank you for confirming James Carter who is a partner at the
Martin Tolhurst practice in Gravesend, is in fact the Conservative
Leader of the Councils brother.

Is it not also true that Paul Carter's brother James Carter
re-presented the family, which was referred to in The Times
newspaper by Camilla Cavendish and Public Court Records at High
Court, where the Judge took the unusual step of naming the
authority. Is it not also true that Kent County Council childrens
social services department carries out these duties for Medway
(unitary authority)and instigated this case in the Medway Family
County Court.

Quote: British justice: a family ruined
Last autumn a small English congregation was rocked by the news
that two of its parishioners had fled abroad. A 56-year-old man had
helped his pregnant wife to flee from social workers, who had
already taken her son into care and were threatening to seize their
baby. Most people had no idea why. For the process that led this
couple to such a desperate act was entirely secret. The local
authority had warned the mother not to talk to her friends or even
her MP. The judge who heard the arguments from social services sat
in secret. The open-minded social workers who had initially been
assigned to sort out a custody battle between the woman and her
previous husband were replaced by others who seemed determined to
build a guilty case against her. That is how the secret State
operates. A monumental injustice has been perpetrated in this quiet
corner of England; our laws are being used to try to cover it up.

As this case was not that long ago it seems strange that none of
your childrens services legal team were aware of it?

Yours faithfully,

Ms S Foster

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From: Ms S Foster (Account suspended)

17 August 2009

Dear Sir or Madam,

The information you have supplied is not complete, having failed to
acknowledge my last email and does not appear to be correct either.

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

I am writing to request an internal review of Kent County Council's
handling of my FOI request 'James Carter Family Solicitor - how
many cases for/against KCC'.

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

Yours faithfully,

Ms S Foster

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Kent County Council

19 August 2009

Dear Ms Foster

Thank you for your email.

I am sorry you are unhappy with my response to your request for
information, specifically the use of section 12 of the Freedom of
Information Act 2000 to refuse to comply with your request on the grounds
it would exceed the appropriate limit of £450 to locate, extrapolate and
collate information that may answer your query. I also note the
implication in your 12th August email that you do not believe that KCC's
Legal Team can have no recollection of cases that James Carter may have
been involved with on the basis of a relatively recent case (which I
understand related to a neighbouring local authority and not KCC)
reported in The Times.

The Director of Law and Governance and our Legal Department will
investigate your complaint and review our original response on behalf of
the Chief Executive. Their reply will be forthcoming within 20
working days from receipt (by 15th September)

Best regards

Caroline Dodge
Corporate Access to Information Coordinator, Chief Executive's Department
Kent County Council, Legal & Democratic Services, Room 1.94, Sessions
House, County Hall, Maidstone. ME14 1XQ.
Tel: 01622 221652 - Fax: 01622 694383
[1]http://www.kent.gov.uk/council-and-democ...

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From: Ms S Foster (Account suspended)

24 August 2009

Dear Caroline Dodge,

Yes, it does seem rather strange doesn't it?

Does Kent county council provide children services for Medway the
neighboring authority? Yes or NO ?

If this is the case one would wonder why all of the legal team
could not recall such a case, especially as the leader of the
council's brother was defending it against his brother's council?

It seems ludicrous that it would cost over £450 to simply ask your
legal team if they are mistaken in their recollection, because KCC
does in fact operate childrens social services for Medway ?

And simply ridiculous to suggest this would cost such a large sum
of rate payers money, especially after being so willing to do so in
the first place. Hopefully there is access to email or a phone,
even word of mouth perhaps, if within the same offices?

One would hope that commonsense and plain english would pervail
within the public sector, rather than the merry go round of
non-transparency.

Yours faithfully,

Ms S Foster

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John Harris (Account suspended) left an annotation (26 August 2009)

http://nameshamesocialworkers.blogspot.c...

According to this, ex-tory councillor Sheena Williams has had her 4 granddaughters taken for forced adoption by Tory run Kent County Council and it looks like she not the only Tory Councillor , Janet Mockridge from West Sussex has also had a grandson taken.

Wonder if they both used Paul Carter's brother as a solicitor, if they did would they have known it was his brother?

Link to this

Mr B Gerrish (Account suspended) left an annotation (29 August 2009)

http://www.telegraph.co.uk/comment/colum...

Will be interesting to see if Medway Family Court takes any notice of Lord Justice Thorpe and Lord Justice Wall's criticisms, the latter ordered his comments to be circulated to family courts and adoption agencies across the land.
(Could his comments be referring to the Law of the Land)

The Lords appear to recognize that there is a clear difference between the LAW and legal child kidnap; there cannot be Lawful child kidnap.

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Kent County Council

3 September 2009

Dear Ms S Foster/Mrs Barden

Under Section 8(1) of the Freedom of Information Act 2000, an applicant
must provide their real name for a request to be valid and fall under the
scope of the Act. I have been looking at your outstanding requests for
information and your requests for internal review namely...

Internal review of Freedom of Information request - James Carter Family
Solicitor - how many cases for/against KCC - our reference FOI/09/694
Internal review of Freedom of Information request - Families forced to
flee abroad - our reference FOI/09/695
Internal review of Freedom of Information request - Former KCC childrens
social services manager Amanda Barden - our reference FOI/09/696
Freedom of Information request - Families forced to flee abroad - our
reference FOI/09/946
Freedom of Information request - Kent Registration for Birth Certificates
- our reference FOI/09/968

... and I have good reason to believe that S Foster is not your real name
and that you are in fact utilising the name of a Kent Council Council
employee involved in children's social work. I note that you have also
submitted requests under your married name of Mrs Barden which is
coincidentally similar to a CAFCASS guardian who you have made enquiries
about.

KCC will therefore not proceed to consider the above requests, or any
further requests for information by you, or deal with any requests for
review until you are able to provide me with authentic identification
which verifies you are Ms S Foster (or Mrs Barden), for example an
original utility bill showing your full name and postal address. On
receipt of such evidence, I will progress your requests and will of course
be happy to return any documentation to you without keeping a copy on
file. If your name really is S Foster, I apologise in advance for any
inconvenience that providing proof of identity may cause you.

If you are unhappy with this decision, and object to providing proof that
you are using your real name, you can appeal to the Information
Commissioner, who oversees compliance with the Freedom of Information Act
2000. Details of what you need to do, should you wish to pursue this
course of action, are available from the Information Commissioner's
website [1]http://www.ico.gov.uk/complaints/freedom...

Best regards

Caroline Dodge
Corporate Access to Information Coordinator, Chief Executive's Department
Kent County Council, Legal & Democratic Services, Room 1.94, Sessions
House, County Hall, Maidstone. ME14 1XQ.
Tel: 01622 221652 - Fax: 01622 694383
[2]http://www.kent.gov.uk/council-and-democ...

References

Visible links
1. http://www.ico.gov.uk/complaints/freedom...
2. http://www.kent.gov.uk/council-and-democ...
http://www.kent.gov.uk/council-and-democ...

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From: Ms S Foster (Account suspended)

3 September 2009

Dear Caroline Dodge, (Mrs/Miss/Ms) ?

Please supply all evidence that shall back up your valid claim in a
Court of Law.

And fully provide details of Kent County Council employee's to
which you refer,... for example an original utility bill showing
their full name and postal address.

...as there could be reason to believe that Kent County Council
will use any excuse not to comply with the FOIA.

There seems to be nothing coincidental between names Mrs S Barden &
Mrs/Ms/Miss A Barden? There are probably many Dodge's.

I can confirm I have never been a Kent Council Council employee
involved in children's social work such as Former KCC childrens
social services manager Amanda Barden / S Foster(Mr/Mrs/Miss/MS)

(Heaven forbid if one has been married more than once or recently
divorced, is it unlawful to have had more than one name) are your
assumptions Lawful?

Of course, a conditional response will be expected under your full
commercial liability.

regards ,

Ms S Foster,

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Kent County Council

4 September 2009

Dear Ms S Foster/Mrs Barden

Information requests are made to the public authority (i.e.: Kent County
Council) not it's employees. There is no requirement under the Freedom of
Information Act 2000 for a member of staff to verify who they are -
whoever responds on behalf of the authority is irrelevant for the purposes
of the Act. However for a request to fall under the scope of the Act in
the first place, the applicant must use their real name and public
authorities are entitled to ask for proof of identity if they suspect that
a pseudonym is being used.

Therefore, until you have provided proof of your identity as requested in
my previous email, KCC is not obliged to respond (and will not respond) to
any further communication from yourself. If you disagree, then it is your
right to pursue the matter with the Information Commissioner who enforces
compliance with the Act.

Best regards

Caroline Dodge
Corporate Access to Information Coordinator, Chief Executive's Department
Kent County Council, Legal & Democratic Services, Room 1.94, Sessions
House, County Hall, Maidstone. ME14 1XQ.
Tel: 01622 221652 - Fax: 01622 694383
[1]http://www.kent.gov.uk/council-and-democ...

References

Visible links
1. http://www.kent.gov.uk/council-and-democ...
http://www.kent.gov.uk/council-and-democ...

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From: Ms S Foster (Account suspended)

5 September 2009

Dear Caroline Dodge,

Please refrain from using my married name, you do not have my
consent to do so.

Yet again you have failed to provided anything to back up your
assumption. Is this the Councils feeble attempt to find out the
address and details of individuals to which they have no lawful
right
whilst continuing to ignore the FOIA ?

Yours faithfully,

Ms S Foster

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Things to do with this request

Anyone:
Kent County Council only: