Some definitions, please

James Moore made this Freedom of Information request to Ministry of Justice

Waiting for an internal review by Ministry of Justice of their handling of this request.

From: James Moore

23 October 2009

Dear Sir or Madam,

I would like the following defined:

"Risk of emotional harm"
"Risk of significant emotional harm"
"Risk of emotional abuse"
"Risk of significant emotional abuse"

Also I would like the reference/s to case law and statutes in UK
law and common law that these phrases fall under as actionable by
Local Authorities, what statutes in Civil Law and Common Law gives
then the authority to act on these phrases, and the criteria at
which these phrases would be actionable in a lawful court system.

Yours faithfully,

James Moore

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From: Data Access & Compliance Unit
Ministry of Justice

23 October 2009

This is an Auto Reply from the Data Access & Compliance Unit.

Thank you for your e-mail.

If your message was a request for information please be advised that your
request is being dealt with and you will receive a written acknowledgement
shortly.

Data Access & Compliance Unit

Information Directorate

Ministry of Justice
6th Floor, Zone B, Postal Point 6.23
102 Petty France
London
SW1H 9AJ

Fax: 0203 334 2245

E-mail: [email address]

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From: James Moore

21 November 2009

Dear Data Access & Compliance Unit,

You are now in violation of Statute. Please forward this thread to
the Reviewing Officer for full investigation. A copy ofthe thread
will also be forwarded to the ICO.

Yours sincerely,

James Moore

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From: Data Access & Compliance Unit
Ministry of Justice

21 November 2009

This is an Auto Reply from the Data Access & Compliance Unit.

Thank you for your e-mail.

If your message was a request for information please be advised that your
request is being dealt with and you will receive a written acknowledgement
shortly.

Data Access & Compliance Unit

Information Directorate

Ministry of Justice
6th Floor, Zone B, Postal Point 6.23
102 Petty France
London
SW1H 9AJ

Fax: 0203 334 2245

E-mail: [email address]

This e-mail (and any attachment) is intended only for the attention of the
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From: Data Access & Compliance Unit
Ministry of Justice

23 November 2009

Please can you provide a reference number or a copy of the original
request so I can track the progress of the request.

Regards

Data Access and Compliance Unit
6TH floor 102 Petty France.
Post point 6.25
London
SW1H 9AJ

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From: James Moore

23 November 2009

Dear Data Access & Compliance Unit,

The request thread can be located at:
http://www.whatdotheyknow.com/request/so...

Yours sincerely,

James Moore

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Ministry of Justice

23 November 2009


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From: Hunt, Paul
Ministry of Justice

4 February 2010


Attachment 61825 James Moore TO 2.DOC.doc
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<<61825 James Moore TO (2).DOC>>

Dear Mr Moore

Please find attached our response to your request for information
 
Regards
 
Paul Hunt | Casework Officer
Data Access & Compliance Unit | Information Access Division | Ministry of
Justice

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From: James Moore

5 March 2010

Dear Hunt, Paul,

Please pass this request to the Internal Reviewing Officer in
Charge, and to the Office of the Minister of Justice the Right
Honourable Jack Straw MP, for immediate and urgent action. This
request is now long overdue and demands answers for a few simple
queries.

Yours sincerely,

James Moore

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From: James Moore

5 March 2010

Dear Hunt, Paul,

Would the logical conclusion from your inability or unwillingness
to answer the questions set forth lead to the logical conclusions
that a: the MoJ have no answer for the definitions because there
*is* no answer, which means that the phrases have zero meaning in
Law, and b: that there is NO LAW that allows the LAs to action
those phrases in its own court, even by their OWN RULES. In short,
the LAs are breaking the LAW OF THE LAND and the Family Courts are
operated ILLEGALLY?

Yours sincerely,

James Moore

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From: Hunt, Paul
Ministry of Justice

9 March 2010

Dear Mr Moore,

Thank you for your recent emails in which you asked for an Internal Review
of your request for information.

As you are aware, your original request was not handled under the Freedom
of Information Act (FOIA) and therefore we are not obliged to carry out an
Internal Review. I have forwarded your emails to the Ministerial
Correspondence Unit who will arrange for a response to be sent to you as
soon as possible.

Regards

Paul Hunt | Casework Officer
Data Access & Compliance Unit | Information Directorate | Ministry of
Justice | 102 Petty France

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From: Data Access & Compliance Unit
Ministry of Justice

26 April 2010

Internal Review IR/64830/10

Data Access & Compliance Unit
Information Directorate
Zone 6 B
Post point 6.25
102 Petty France
London
SW1H 9AJ

T 020 3334 5058
F 020 3334 2245
E [email address]

www.justice.gov.uk

26-APR-10 Our Ref:IR/64830/10

Dear Mr Moore,

Thank you for your correspondence of April 23, 2010, in which you asked
for an Internal Review into handling of your request for information
with reference number FOI/61825. This old reference has now been deleted
from our systems, please refer to the new reference in the future;
IR/64830/10

Your request for an Internal Review is being handled in accordance with
the Freedom of Information Act 2000 and will be passed to the Unit that
will carry out this process.

You will be contacted separately by the person conducting the review but
in the meantime please do not hesitate to contact me if you have any
queries. Please quote Ref: IR/64830/10 in all future correspondence.

Yours sincerely,

James Noble
(Sent on behalf of Kevin Stroud)
Data Access and Compliance Unit

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From: Data Access & Compliance Unit
Ministry of Justice

26 April 2010

Internal Review IR/64831/10

Data Access & Compliance Unit
Information Directorate
Zone 6 B
Post point 6.25
102 Petty France
London
SW1H 9AJ

T 020 3334 5058
F 020 3334 2245
E [email address]

www.justice.gov.uk

26-APR-10 Our Ref:IR/64831/10

Dear Mr Cope,

Thank you for your correspondence of April 22, 2010, in which you asked
for an Internal Review into handling of your request for information
with reference number FOI/64147.

Your request for an Internal Review is being handled in accordance with
the Freedom of Information Act 2000 and will be passed to the Unit that
will carry out this process.

You will be contacted separately by the person conducting the review but
in the meantime please do not hesitate to contact me if you have any
queries. Please quote Ref: IR/64831/10 in all future correspondence.

Yours sincerely,

James Noble
(Sent on behalf of Kevin Stroud)
Data Access and Compliance Unit

This e-mail (and any attachment) is intended only for the attention of
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From: Over, Darren (ARU)
Ministry of Justice

13 May 2010


Attachment James Moore.doc
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Dear Mr Moore,

Thank you for your email dated 23rd October 2009, please see the attached
letter.

Regards
<<James Moore.doc>>

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From: James Moore

13 May 2010

Dear Over, Darren (ARU),

To reiterate the original request, in plain English:

-

I would like the following defined:

"Risk of emotional harm"
"Risk of significant emotional harm"
"Risk of emotional abuse"
"Risk of significant emotional abuse"

Also I would like the reference/s to case law and statutes in UK
law and common law that these phrases fall under as actionable by
Local Authorities, what statutes in Civil Law and Common Law gives
then the authority to act on these phrases, and the criteria at
which these phrases would be actionable in a lawful court system.

-

I would like to know, basically, what the above phrases mean in a
Legal sense and how they are applied in a Statutory setting to
arrive at a Lawful conclusion? Until this question is answered, I
would question, on behalf of 16,000 families per year to whom these
phrases are bandied about like confetti, the validity of these
criteria for removal of children to feed and perpetuate the forced
adoption industry in the UK which makes the Legal profession alone,
some 15 billion Pounds per year straight out of the public purse,
hence put it to the Ministry that such proceedings are fraudulent
hence unlawful.

Yours sincerely,

James Moore

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Miss A. Griffiths left an annotation (13 May 2010)

Please add a request for the definition of the
'POSSIBILE RISK OF EMOTIONAL NEGLECT'

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From: Pencil, Carl
Ministry of Justice

14 May 2010


Attachment The clarification letter to Mr James Moore DACU Ref 65122 14 May 2010.doc
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Dear Mr Moore

Could you please confirm that your request is asking for any documents
held by the Ministry of Justice that explains the concept of
emotional/significant harm that allows an order to be made to take a
child into care?

I have to advise that the Freedom of Information Act does not give
requesters a right to an opinion on this issue, or legal advice.

Once you have confirmed that your request is being interpreted correctly
it can be investigated what may be held that answers your request.

Kind Regards,

Carl Pencil

FOI/DP Appeals Adviser

The Ministry of Justice
Information Directorate
Data Access and Compliance Unit [DACU]
6 Floor,
102 Petty France
London
SW1H 9AJ

E-mail:[email address]

Telephone 0203 334 3256

Fax number: 0203 334 2245

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

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From: James Moore

21 May 2010

Dear Pencil, Carl,

I am not asking for conceptual or legal advice, I am asking for
information that on the face of it should be recorded, to whit:
legal definitions as written for use in a lawful setting. If there
is no such *written* definition of the terms given hence no lawful
grounds on which to base them, I would like simply that you advise
me of this fact.

Yours sincerely,

James Moore

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From: Pencil, Carl
Ministry of Justice

26 May 2010

Freedom of Information Request FOI/65252/10

Data Access & Compliance Unit
Information Directorate
Zone 6 B
Post point 6.25
102 Petty France
London
SW1H 9AJ

T 020 3334 3256
F 020 3334 2245
E [email address]

www.justice.gov.uk

26 -MAY-10 Our Ref:FOI/65252/ CP/ 10

Dear Mr James Moore,

SUBJECT: Freedom of Information Request

Thank you for your correspondence of May 21, 2010, in which you clarified that you are requesting any recorded information
that defines the terms relating to `emotional harm' and `emotional abuse', under the Freedom of Information Act 2000 (FOIA)
from the Ministry of Justice (MoJ) .

The investigation to determine whether the MoJ holds any of the information requested is still ongoing, but is in the
advanced stage of completion. The investigation so far has not revealed any information held by the
MoJ. Therefore, your request may need to be sent instead to the Department for Education because they may have information
of relevance to your request, such as in example the below mentioned guidance. The Department of Education can be contacted
at the below address:

Department for Education
Castle View House
East Lane
Runcorn
Cheshire
WA7 2GJ

You may be interested to know that the Department for Education recently published statutory guidance called `Working
Together to Safeguard Children'.That guidance provides the definition of the terms which you have enquired about, and it
is available at the below link.

[1]http://publications.dcsf.gov.uk/default....

You will receive a response by June 18, 2010 confirming whether any of the information that you have requested is held by
the MoJ.

If you have any queries regarding this request please do not hesitate to contact me. Please quote ref: FOI/65252/CP/10 in
all future correspondence, thanks .

Yours sincerely,

Carl Pencil

FOI Appeals Adviser

Internal Review Team

Data Access and Compliance Unit [DACU]

This e-mail (and any attachment) is intended only for the attention of
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is not permitted. If you are not the intended recipient, please destroy all
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by e-mail.

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monitored, recorded and retained by the Ministry of Justice. E-mail
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References

Visible links
1. http://publications.dcsf.gov.uk/default....
http://publications.dcsf.gov.uk/default....

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From: Pencil, Carl
Ministry of Justice

3 June 2010


Attachment The response to Mr James Moore Freedom of Information request case 65252 3 June 2010.doc
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Dear Mr Moore

Please find attached a response to your Freedom of Information request.

For your advice and assistance I have suggested what other public
authority may have information of interest to you. I have also provided
information on where the definitions of the terms relating to 'emotional
harm' and 'emotional abuse', can be found in the recent guidance
published by the Department for Education called 'Working Together to
Safeguard Children'. I hope you find this information useful.

Kind Regards,

Carl Pencil

FOI/DP Appeals Adviser

The Ministry of Justice
Information Directorate
Data Access and Compliance Unit [DACU]
6 Floor,
102 Petty France
London
SW1H 9AJ

E-mail:[email address]

Telephone 0203 334 3256

Fax number: 0203 334 2245

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

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Things to do with this request

Anyone:
Ministry of Justice only: