Abuse of Non-Molestation Orders as Abuse of Court Process

Mr Elliott made this Rhyddid Gwybodaeth request to Legal Aid Agency

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn rhannol lwyddiannus.

Dear Legal Aid Agency,

Please provide the following information

1. Total number of Female & male ex-parte, legally aided, protective injunctions, awarded in the Maidstone County Courts to all solicitors (please name solicitors) between Nov 2011 - Nov 2016. (b) for all courts UK

2. Total number of legally aided protective injunctions/non-mols withdrawn from the UK courts, before legal aid substantive certificates awarded. between Nov 2011 - Nov 2016 for all courts in the UK

3. Total number of Legally Aided protective injunctions were made ex-parte across UK Regions between Nov 2011 - Nov 2016 for all courts in the UK

4. Total number of Legally aided ex-parte, emergency protective injunctions awarded in the Maidstone Courts, (Sorted by Solicitors Firms).between Nov 2011 - Nov 2016.

Yours faithfully,

Mr Elliott

Information Governance (LAA),

2 Atodiad

Dear Mr Elliott

 

Please find attached our response to your recent request for information.

 

Please do not hesitate to contact us if you have any further questions.

 

Kind Regards

 

 

Information Governance 
Legal Aid Agency 
102 Petty France, London, 
SW1H 9AJ 
 
T: 0300 200 2020   
[1]E: [email address]  

[2]LAA logo

 

 

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Dear Information Governance (LAA),

Thank you sincerely for your comprehensive, and considered response.

With reference to your response to which you have replied to ALL requests, to LAA and the Courts. I apologise, as I had thought you were separate entities. What is sadly clear from your reply is that the LAA and Courts are not connected in terms of IT and Data Collection. Which is part of the reasons why Solicitors (many in the UK), have easily exploited LASPO 2012, and fraudulently spent (in this case), tens of thousands of Tax Payers money extracting funds from the LAA. The LAA are fully aware of their Loophole, as evidenced in the PHSO findings.

Solicitor Fraud /Exploitation - UK Wide - Evidenced based.

As the LAA and Courts know, that since LASPO 2012, and the abolition of funding for Children's Act, Ancillary relief, Divorce, and Occupation Orders. Many Solicitors (Berry and Lamberts included), have managed to exploit this area by 'engaging with' clients to create 'molestation' orders EX PARTE, knowing of course this then allows them access to the Orders above (which of course is where the revenues are). The courts once approved an Ex-Parte order without any hearing with the alleged perpetrator, allows the solicitor to have FULL LEGAL AID. Solicitors then (as the LAA know), very quickly withdraw the Non-Mol application from the courts (The LAA confirms they do not know this), along with ALL the other orders, hiding this for up to 24 months whereby they can at ANY TIME, then execute the applications given the 24 month (now increased) rule for ALLEGED victims of Domestic Abuse.

Of course given the LAA have , and the MOJ slowly sought to close this loophole I exposed , (and some others), this has given rise to many other solicitors withdrawing from Legal Aid work, as the LAA 'Gravy Train' is somewhat being diluted and the loopholes being 'tightened'.

May I kindly therefore breakdown my request, to Berry and Lamberts Solicitors whom as all the evidence is unambiguous they are party to this huge exploitation of LASP 2012 (Rth Hon Shailesh Vara is fully aware and has kindly written on this subject)

As the LAA Know, the licence to Berry and Lamberts is no longer awarded, and after they have ruined , destroyed, my families lives forever, they and all solicitors whom the LAA know have abused LASPO 2012 (they are many especially in the Midlands) must be held to account and these matters not swept under the carpet. I appreciate the LAA have been very supportive in resolving and seeking to close the loophole I have exposed, but ask for transparency and clarity to bring this Solicitors firm, and many others to justice.

1. Status of Berry and Lamberts Solicitors Legal Aid Licence position. What capacity to they hold a licence to practice Legal Aid.
2. Status of that licence and if revoked, to provide an explanation as to why.
3. Number of Ex-Parte Non Molestation /Protective injunctions sought from Q1 2013 to Q3 2016 by Berry and Lamberts.
4. Number of Legal Aid Applications made after withdrawals of ex-parte protection applications with the courts, specific to Berry and Lamberts Solicitors
5. Number of ex-parte emergency injunctions made by Berry and Lamberts without a DVPN or DVPO's.
6. Number of Legal Aid Substantive certificates awarded for Children's Act, Ancillary Relief, Divorce and Occupation Orders to all claimants when the Domestic Violence Gateway was NOT active. I.e., The Ex-parte, protective injunction application which under LASPO 2012 was the gateway to all other applications otherwise excluded.

Date period to all questions - From Q4 2012 - October 2016.

7. Provide a list of Judges from the Maidstone County Courts who have approved Ex-parte protection injunctions on behalf of Berry and Lamberts solicitors of Kent.

8. Total number of legally aided protective injunctions/non-mols withdrawn from the UK courts, before legal aid substantive certificates awarded. Between Nov 2011 - Nov 2016 for all courts in the UK
9. Total number of legally aided ex-parte, emergency protective injunctions awarded in the Maidstone Courts, (Sorted by Solicitors Firms).between Nov 2012 - Nov 2016.

Yours sincerely,

Mr Elliott

Information Governance (LAA),

 
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 [Legal Aid Agency request email]
 

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
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Information Governance (LAA),

1 Atodiad

Dear Mr Elliott,

Thank you for your request for information which we received 04/01/2017.

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 01/02/2017.

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

Please ensure you quote our reference FOI/109434 in any future
correspondence.

Yours Faithfully
Information Governance Team

Information Governance 
Legal Aid Agency 
102 Petty France, London, 
SW1H 9AJ 
 
T: 0300 200 2020   
[1]E: [email address]  

[2]LAA logo

 

 

This e-mail (and any attachment) is intended only for the attention of the
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Information Governance (LAA),

2 Atodiad

Dear Mr Elliott

 

Please find attached our response to your recent request for information.

 

Please do not hesitate to contact us again if you have any further
questions.

 

Kind Regards

 

 

Information Governance 
Legal Aid Agency 
102 Petty France, London, 
SW1H 9AJ 
 
T: 0300 200 2020   
[1]E: [email address]  

[2]LAA logo

 

 

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.

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Dear Information Governance (LAA),
Further to your email dated 31.1.17, which appears not to be entirely related to my request dated 4.1.17. To perhaps provide some clarity which I hope will help close these matters in the public interest. I have shortened my request at this time, to hopefully receive an expedient reply.

1. Status of Berry and Lamberts Solicitors Legal Aid Licence position. What capacity do they hold a licence to practice Legal Aid.
2. Status of that licence and if this firm no longer has such a licence, to provide the explanation as to why this is now the case given
3. Number of Ex-Parte Non Molestation /Protective injunctions sought from Q1 2013 to Q3 2016 by Berry and Lamberts only.
4. Number of Legal Aid Applications made after withdrawals of ex-parte protective injunction applications with the courts, specific to Berry and Lamberts Solicitors
5. Number of ex-parte emergency injunctions made by Berry and Lamberts without a DVPN or DVPO's.

Yours sincerely,

Mr Elliott

Information Governance (LAA),

 
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 [Legal Aid Agency request email]
 

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
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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.

Dear Information Governance (LAA),

Please might I have a response to my request made 31.1.17

Yours sincerely,

Mr Elliott

Information Governance (LAA),

 
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 [Legal Aid Agency request email]
 

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.

Information Governance (LAA),

Dear Mr Elliott,

Thank you for your request for information which we received 01/02/2017.
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 01/03/2017.
Please do not hesitate to contact us at [email address] if you have any questions.
Please ensure you quote our reference FOI/109972 in any future correspondence.

Yours Faithfully
Information Governance Team

dangos adrannau a ddyfynnir

Information Governance (LAA),

2 Atodiad

Dear Mr Elliott

 

Thank you for your recent request for information, please find our
response attached.

 

Please do not hesitate to contact us if you have any further questions.

 

Kind Regards

 

Information Governance Team

 

Information Governance 
Legal Aid Agency 
102 Petty France, London, 
SW1H 9AJ 
 
T: 0300 200 2020   
[1]E: [email address]  

[2]LAA logo

 

 

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.

References

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