Payments to Animal Protection Services from Central Funds

The request was refused by HM Courts and Tribunals Service.

Dear Her Majesty's Courts and Tribunals Service,

I have already received a response from you in respect of a related FOI request under your reference ‘Freedom of Information Act (FOIA) Request – 211206038’. This request is for different but related information and I mention the previous request as I believe it may be of assistance to you (by way of reference to enquiries already undertaken) in dealing with this request.

I would be most grateful if you could provide the following information

1. A copy of Animal Protection Services letter of 17 September 2021 instructing the National Taxing Team to pay all outstanding assessed bills direct to Animal Protection Services.
2. Copies of all correspondence and attendance notes from 17 September 2021 to date between HMCTS and Animal Protection Services.
3. Details of any payments made direct to Animal Protection Services following their instruction of 17 September 2021
4. Details of any bills submitted to HMCTS in respect of prosecution costs of Animal Protection Services that remain unpaid as at the date of this request. Please confirm why any bills remain outstanding if they are outside the normal payment period.
5. Copies of all correspondence and attendance notes from 17 September 2021 to date between HMCTS and Parry & Welch Solicitors LLP
6. Copies of all correspondence and attendance notes between HMCTS and the Administrators of Parry Welch Solicitors LLP (Messrs Poxon and Dillon of Leonard Curtis) or their agents.

I look forward to hearing from you.

Yours faithfully,

Martina

Disclosure Team, HM Courts and Tribunals Service

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Disclosure Team, HM Courts and Tribunals Service

Dear Martina,

Please note, under section 8(1) of FOIA, a request for information must comply with three requirements. It must:

(a) be in writing,
(b) state the name of the applicant and an address for correspondence, and
(c) describes the information requested.

After initial consideration, this request appears to comply with requirements (a) and (c) but it does not comply with requirement (b) because you have not provided your full name.

I am therefore not required to process your request without information that can later be referred to, as per Section 8(1)(b) FOIA. The information we require is your name.

As your request has been deemed invalid, I am not obliged to disclose the requested information at this point and I would like to take this opportunity to recommend that any future FOI submissions adhere to Section 8 of the FOIA.

To enable us to meet your request, please resubmit your application in accordance with the above requirements. We will consider your resubmitted request upon receipt as long as it meets the requirements stated above.

You will then receive the information requested within the statutory timescale of 20 working days as defined by the Act, subject to the information not being exempt.

You can find out more about Section 8 by reading the extract from the Act available at the attached link:

http://www.legislation.gov.uk/ukpga/2000...

Kind regards,

The Disclosure and MoJ Library Team

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Dear Disclosure Team,

My full name is Martina Hogg.

Yours sincerely,

Martina

Information Governance (LAA), HM Courts and Tribunals Service

Dear Martina Hogg,

Thank you for your request for information which we received 13/03/2022.

Your request has been passed to me as I have responsibility for
information held by the Legal Aid Agency.

I will respond no later than the statutory deadline of 08/04/2022.

Please do not hesitate to contact us at
[email address] if you have any questions.

Please ensure you quote our reference FOI/220313005  in any future
correspondence.

Yours Faithfully
Information Governance Team

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Information Governance (LAA), HM Courts and Tribunals Service

3 Attachments

Dear Ms Hogg,

 

Please find attached a response to your recent request under the FOIA.

 

Yours sincerely,

 

[1]Legal Aid Chief Executive’s Correspondence and Parliamentary Engagement
Agency Team

Post Point 13.50,102 Petty France, Westminster, London, SW1H
9AJ

Follow us on Twitter [2]@LegalAidAgency
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Dear Her Majesty's Courts and 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 Tribunals Service's handling of my FOI request 'Payments to Animal Protection Services from Central Funds'.

I was not aware of the ongoing investigation by the Legal Aid Agency and would not wish to impede/prejudice any investigation. Having said that, it appears to me that there is information that can and should be disclosed.

Addressing the points raised in your letter of 8 April I would comment as follows
• There is already a significant amount of information in the public domain, including two highly critical Judgments of the Court & a public statement by the Charity Commission on the grounds for their investigation. I am sure that all professional investigators at all relevant bodies will be used to dealing with controversial cases and will act accordingly.
• I have not requested any opinions (half formed or otherwise) from anyone and as I am sure the LAA is well aware the FOI legislation relates solely to information and not opinion. Again, I am sure that all professional investigators at all relevant bodies will be used to dealing with controversial cases and will act accordingly.
• Animal Protection Services, is regulated by the Charity Commission, and Parry & Welch Solicitors, is regulated by the Solicitors Regulation Authority. Both entities are obliged to provide information to their regulators.

I concur that S40 would apply to defendants in any case bought by APS or any associate. It would also apply to any employee at the LAA or any employee at any other body dealing with the case/ costs, for example Court staff. My request is quite clearly in relation to APS and associates, and S40 could easily be satisfied by redacting documents appropriately.

In line with the Government’s wider commitment to transparency it appears to me that there is information that you can disclose. Had you contacted me to explain the situation, as opposed to refusing the request entirely, I would have been happy to refine the request. It appears to me that you can provide the following information

1. The names of any entities or individuals under investigation
2. The date on which the investigation commenced
3. The number of prosecutions included in the investigation where an application for costs has been made by APS or any associate. Please note this is the total number of prosecutions, so will include cases where costs have been paid, cases where costs have been refused and cases where an application for costs has been made (even if there has been subsequent withdrawal of the application) but not paid or refused. I only require the total number of cases and not a breakdown of cases by costs category.
4. If the investigation includes any prosecutions where no application for costs has been made please confirm the number of cases. I only require the number of cases and do not need any detail about the defendant or the Court, just the number of cases.
5. The amount of public money the investigation relates to. Please note this is the total of all costs claimed in relation to private prosecutions by APS, so will include cases where costs have been paid, cases where costs have been refused and cases where an application for costs has been made (even if there has been subsequent withdrawal of the application) but not paid or refused.
6. An outline of the matter under investigation by the LAA. The Charity Commission have made a public statement in respect of the matters under investigation and I can see no reason why the LAA cannot make a similar public statement setting out in general terms the matters under investigation. The statement on the Charity Commission’s website describes the matter under investigation as
The trustees’ decision making around its private prosecutions
If the trustees have avoided or adequately managed potential conflicts of interest
If there has been any unauthorised direct or indirect private benefit
The trustees’ failure to comply with legal obligations in relation to the filing of the charity’s accounts and annual returns

To avoid any further delay, should you take the view that the above constitutes a new FOI request then please feel free to treat is as such. This issue is one that you should be able to decide on quite quickly and it is my view that it would not be appropriate to wait the full 20 days to tell me that this is new information and a new request needs to be submitted. This would not be in line with the Government’s wider commitment to transparency.

Yours faithfully,

Martina

Information Governance (LAA), HM Courts and Tribunals Service

3 Attachments

Dear Ms Hogg,

 

Please find attached a response to your request under the FOIA.

 

Yours sincerely,

 

[1]Legal Aid Chief Executive’s Correspondence and Parliamentary Engagement
Agency Team

Post Point 13.50,102 Petty France, Westminster, London, SW1H
9AJ

Follow us on Twitter [2]@LegalAidAgency
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Dear Information Governance (LAA),

I note that your most recent letter refers to requesting an internal review. This was the internal review. The information at the end of your letter is incorrect.

I will now lodge a complaint with the ICO.

Yours sincerely,

Martina

Information Governance (LAA), HM Courts and Tribunals Service

 
Thank you for your email, it has been received by the Legal Aid Agency's
Information Governance team and we will process it in due course.
 
Please note that if your email contains a  new FOI or DPA request we will
forward it to the Ministry of Justice's Data Access and Compliance Unit
for processing.
 
In future please send new requests directly to them, their  email address
is [email address]
 
  ________________________________  
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contents.

Martina left an annotation ()

Complaint lodged with the ICO on 14 May 2022.

Information Governance (LAA), HM Courts and Tribunals Service

Dear Ms Hogg,

Thank you for your email. Although submitted as an internal review your email requested disclosure of substantial amounts of information not contained within your previous request. On this basis it was treated as new request. Indeed, your email acknowledged the possibility of it being handled in this way.

As such, although you are of course entitled to make a complaint to the ICO as indicated, we would suggest you first submit an internal review of your most recent request.

Yours sincerley,
Chief Executive’s Correspondence and Parliamentary Engagement Team
Post Point 13.50,102 Petty France, Westminster, London, SW1H 9AJ
Follow us on Twitter @LegalAidAgency

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Dear Her Majesty's Courts and 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 Tribunals Service's handling of my FOI request 'Payments to Animal Protection Services from Central Funds'.

I do not consider that you have appropriately applied the right test when balancing the need for transparency with the need to allow the investigation to progress. I also do not consider a blanket refusal is appropriate. It is possible to disclose at least some of the information. For example, you have already confirmed an investigation is in progress so how would confirming the date it commenced or the details of the matters under investigation prejudice the investigation?

I am not certain that you are right to treat this as a new FOI request. It clearly flows from the initial request and your refusal to provide that information. Having said that, I am happy for you to go through the internal review process again if you want to. If I am satisfied the request has been properly dealt with through a second internal review I will be happy to withdraw the complaint lodged with the ICO.

I look forward to hearing from you.

Yours faithfully,

Martina

Information Governance (LAA), HM Courts and Tribunals Service

3 Attachments

Dear Ms Hogg,

 

Please find attached the outcome of your recent internal review.

 

Yours sincerely,

 

[1]Legal Aid Victoria Wilton
Agency
Head of Chief Executive’s Correspondence and Parliamentary
Engagement Team

Post Point 13.50,102 Petty France, Westminster, London, SW1H
9AJ

Tel: 07469579189

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══════════════════════════════════════════════════════════════════════════

This e-mail and any attachments is intended only for the attention of the
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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
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contents.

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