Council Tax Metadata - Electronic Evidence Local Government Finance Act 1992

The request was partially successful.

Dear Allerdale District Council,

Council Tax Metadata - Electronic Evidence
Local Government Finance Act 1992

Please refer to section 1 (b)

Admissibility of evidence14(1)Regulations under paragraph 1(1) above may include provision that, in any proceedings before a magistrates’ court under any provision included by virtue of the preceding provisions of this Schedule—(a)a statement contained in a document of record shall be admissible as evidence of any fact stated in it of which direct oral evidence would be admissible; and(b)a certificate which is made with respect to a document of record produced by a computer and purports to be signed by a responsible person shall be admissible as evidence of anything which is stated in it to the best of his information and belief.(2)In this paragraph—“document of record” means a document constituting or forming part of a record compiled by the authority concerned;

“responsible person” means a person occupying a responsible position in relation to the operation of the computer;

“statement” includes any representation of fact, whether made in words or otherwise.

http://www.legislation.gov.uk/ukpga/1992...

I wish to know and request under the FoIA the following documented information and require all metadata between the Council and the Magistrates’ Court .

1) Encompassing council produced computer generated evidence that is presented to Magistrates’ Court in an application to the Magistrates’ Court for summonses to be granted for a non payment of council tax liability hearing.

2) Encompassing documented rules, procedure, legislation or policy you hold that requires the council to produce a signed IT Certificate that ensures that the council computers that print off the complaints, summonses and liability orders are working correctly at the time of printing, to confirm the electronic signature(s) are authentic.

3) Produce the Council IT certificate (with re-dacted signatures) but show the rank, name and printed name of the person signing.

4) Produce the rank and printed name(s) of all person(s) responsible for signing the Council IT Certificate that is presented as evidence to the Magistrates’ Court that confirms that the Council computers ( not Magistrates' computers ) were working correctly at the time they printed off the court documents.

Many thanks for your time in answering this FOI request and I look
forward to hearing from you.

Yours faithfully,

RICHARD VALDRY

A.Smith left an annotation ()

This is a good request.

Council Tax complaints from the "enforcement" officer to the "magistrates" court is a non starter. It's a Private Prosecution without due process.

The 1980 Magistrates Act is wilfully side stepped for "defendants" to fall into the Jurisdiction trap if they turn up at mock court.

Councils... please remember who you work for and stop hiring off duty Magistrates and a "Venue" to hold mock courts.... It's getting old. You are entrapping Men and Women into contracts they would not normally agree to, unless under duress.

If Councils want to offer a service, fair play. I'll gladly pay for what I require... (Dutch Councils allow 'Citizens' to choose which services they require).

Regards.

Gilbert, Andrew, Allerdale Borough Council

6 Attachments

Our Ref:              F13/046

Your Ref:   

This matter is being dealt with by:

Information and Records Officer

Direct Line:       01900 702701

Email:    [Allerdale District Council request email]

   
 

22 January 2013

 

Richard Valdry

RICHARD VALDRY [[FOI #146276 email]]

 

Dear Mr Valdry

 

Freedom of Information Act 2000 - Information Request

 

Thank you for your request for information dated 18 January 2013 and
received on 21 January 2013.

 

Your request is being considered and you will receive the information
requested within the statutory timescale of 20 working days, by 18
February 2013, subject to the information not being exempt from
disclosure. If you require the information in an alternative format,
please let me know.

 

For your information, the Act defines a number of exemptions which may
prevent the release of the information you have requested. There will be
an assessment and if any of the exemption categories apply then the
information will not be released. You will be informed if this is the
case, including your rights of appeal. In some circumstances a fee may be
payable and if this is the case, I will let you know. A fees notice will
be issued and you will be required to pay this before we will proceed to
deal with your request. Information about the Act can be found on our
[1]website.

 

If you have any further queries or concerns then please contact the
Information and Records Officer at Allerdale Borough Council, Allerdale
House, Workington CA14 3YJ, telephone 01900 702701, or email
[2][Allerdale District Council request email].

 

Further information is also available from the Information Commissioner
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF,
telephone 0303 123 1113 or see www.ico.gov.uk.

 

Yours sincerely

Andrew Gilbert

Information and Records Officer

 
[3]Text Box: Allerdale - a great place to Allerdale Borough Council
live, work and visit
Allerdale House

Workington

Cumbria CA14 3YJ

Tel: 01900 702702

Fax: 01900 702507

 

Allerdale Borough Council
Allerdale House, Workington, Cumbria, CA14 3YJ

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References

Visible links
1. http://www.allerdale.gov.uk/council-and-...
2. mailto:[Allerdale District Council request email]

Gilbert, Andrew, Allerdale Borough Council

3 Attachments

Our Ref:           F13/046

Your Ref:         

 

This matter is being dealt with by:-

 

Information and Records Officer

 

Telephone No:     (01900) 702701

Email:        [Allerdale District Council request email]

 

15 February 2013

 

Mr Richard Valdry

RICHARD VALDRY [[FOI #146276 email]]

 

Dear Mr Valdry

 

Freedom of Information Act 2000 – Information Request

 

Thank you for your request for information dated 18 January 2013 and
received on 21 January 2013. The request has now been considered.

 

You asked:

 

Council Tax Metadata - Electronic Evidence

     Local Government Finance Act 1992

    

     Please refer to section 1 (b)

    

     Admissibility of evidence14(1)Regulations under paragraph 1(1) above
may include provision that, in any proceedings before a magistrates’ court
under any provision included by virtue of the preceding provisions of this
Schedule—(a)a statement contained in a document of record shall be
admissible as evidence of any fact stated in it of which direct oral
evidence would be admissible; and (b)a certificate which is made with
respect to a document of record produced by a computer and purports to be
signed by a responsible person shall be admissible as evidence of anything
which is stated in it to the best of his information and belief. (2)In
this paragraph "document of record" means a document constituting or
forming part of a record compiled by the authority concerned; "responsible
person" means a person occupying a responsible position in relation to the
operation of the computer; "statement" includes any representation of
fact, whether made in words or otherwise.

    

     http://www.legislation.gov.uk/ukpga/1992...

    

     I wish to know and request under the FoIA the following documented
information and require all metadata between the Council and the
Magistrates’ Court .

    

     1) Encompassing council produced computer generated evidence that is
presented to Magistrates’ Court in an application to the Magistrates’
Court for summonses to be granted for a non payment of council tax
liability hearing.

    

     2) Encompassing documented rules, procedure, legislation or policy
you hold that requires the council to produce a signed IT Certificate that
ensures that the council computers that print off the complaints,
summonses and liability orders are working correctly at the time of
printing, to confirm the electronic signature(s) are authentic.

    

     3) Produce the Council IT certificate (with re-dacted signatures) but
show the rank, name and printed name of the person signing.

    

     4) Produce the rank and printed name(s) of all person(s) responsible
for signing the Council IT Certificate that is presented as evidence to
the Magistrates’ Court that confirms that the Council computers ( not
Magistrates' computers ) were working correctly at the time they printed
off the court documents.

 

Our Revenues section has advised that in answer to

(1) this information is held by the Court

(2) we do not hold any internal written procedures

(3) Please see the attached document

(4) The signatory is Theresa Carr, Senior Recovery Officer.

 

I hope this satisfies your enquiry, however if you are dissatisfied with
the information provided please contact the Information and Records
Officer within two months of receipt of this letter at Allerdale Borough
Council, Allerdale House, Workington CA14 3YJ, phone (01900) 702701, email
[1][Allerdale District Council request email]. We will then make an internal review of the
decision.

 

You can also complain to the Information Commissioner at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF, Telephone: 0303 123 1113; [2]www.ico.gov.uk. Generally the ICO cannot
make a decision unless you have exhausted the complaints procedure
provided by Allerdale Borough Council.

 

Most of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection. In
most cases the copyright will be owned by Allerdale Borough Council. The
copyright in other information may be owned by another person or
organisation, as indicated on the information itself.

 

You are free to use any information supplied for your own non-commercial
research or private study purposes. The information may also be used for
any other purpose allowed by a limitation or exception in copyright law,
such as news reporting. However, any other type of re-use, for example by
publishing the information in analogue or digital form, including on the
internet, will require the permission of the copyright owner.

 

For information where the copyright is owned by Allerdale Borough Council
details of the conditions on re-use can be found on our website at
[3]www.allerdale.gov.uk . For information where the copyright is owned by
another person or organisation you must apply to the copyright owner to
obtain their permission.

 

Yours sincerely

 

Andrew Gilbert

Information and Records Officer

 

Allerdale Borough Council
Allerdale House, Workington, Cumbria, CA14 3YJ

Follow us on:
Web: http://www.allerdale.gov.uk
Twitter: http://twitter.com/allerdale
Facebook: http://www.allerdale.gov.uk/facebook
YouTube: http://www.youtube.com/user/allerdalebc

EMAIL DISCLAIMER

The views expressed in this document are those of the individual and are
not necessarily the same as the Council's.

This electronic transmission is only intended for the individual or entity
to which it is addressed and may contain
information that is privileged, confidential and exempt from disclosure.
If you are not the intended recipient or
employee or agents responsible for delivering the message to the intended
recipient you are hereby notified that any
dissemination, distribution or copying of this communication and its
attachments is strictly prohibited. If you have
received this communication in error please notify us by telephone and
return the original communication and
attachments to us at the e-mail address above. The Council is not
responsible for any changes made to this message
after it has been sent.

The information contained in this email, and any response to it, may be
subject to disclosure as required by law
including under the Freedom of Information Act 2000. Unless the
information requested is exempt from disclosure,
we cannot guarantee that we will not provide all or part of this email to
a third party making a request for information.

This footnote also confirms that this email message has been swept for the
presence of computer viruses.

References

Visible links
1. mailto:[Allerdale District Council request email]
2. http://www.ico.gov.uk/
3. http://www.allerdale.gov.uk/