Fiduciary Duty

William:Sterling (Ataliwyd y cyfrif) made this Rhyddid Gwybodaeth request to Judicial Appointments and Conduct Ombudsman

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 llwyddiannus.

William:Sterling (Ataliwyd y cyfrif)

Dear (Sir's) ,

A fiduciary duty is a legal or ethical relationship of confidence
or trust between two or more parties , most commonly a fiduciary or
trustee and a principal or beneficiary.

In a fiduciary relation one person justifiably reposes confidence,
good faith , reliance and trust in another whose aid, advice or
protection is sought in some matter. In such a relation good
conscience requires one to act at all times for the sole benefit
and interests of another, with loyalty to those interests.

This is NOT happening in HMCS and a clear conflict of interest
prevail between ‘professionals’ within local authorities and the
families comprising of men/women/offspring(children)they claim to
re-pre-sent to the state.

What information does your department hold about your fiduciary
duty and is this to the people. i.e. real men/women/their
offspring(children) or to the Crown i.e. City of London.

yours Truly,

William:Sterling

Critchfield, John \(JACO\),

Dear Mr Sterling

I am writing in response to your 28 October 2009 e-mail to the Office of
the Judicial Appointments and Conduct Ombudsman. I am very sorry that
shortcomings on my part have meant that we have not replied before.

You asked what information we hold about our fiduciary duty. You have
stated that in a fiduciary relationship one person justifiably reposes
confidence, good faith, reliance and trust in another whose aid, advice or
protection is sought in some matter and that in such a relation good
conscience requires one to act at all times for the sole benefit of
another, with loyalty to those interests.

You sent your e-mail to the office of the Judicial Appointments and
Conduct Ombudsman. The Ombudsman is Sir John Brigstocke KCB. His role is
set out in the Constitutional Reform Act 2005. He is statutorily
independent of Government and the judiciary, and is committed to fairness
in his work (see for example his 2008/09 Annual report on the website
[1]www.judicialombudsman.gov.uk). This office does sometimes provide
limited advice and will consider complaints in good faith. However,
decisions are made on the basis of the evidence available rather than on
the basis of the interests of any one party. As such we may not have a
fiduciary duty, as you have defined it, with any party.

The Ombudsman's remit covers both conduct and appointment matters. His
role in respect of conduct matters is to consider complaints about the
process by which the complaints about the personal conduct of judicial
office holders have been dealt with (usually by the Office for Judicial
Complaints with regard to "mainstream" Courts judiciary, the relevant
Tribunal President in respect of tribunal members and the relevant
Advisory Committee in respect of Magistrates). He can consider whether
those who conducted the initial investigation complied with prescribed
procedures and whether there was any maladministration in the original
investigation. However, the Ombudsman cannot review the merits of the
initial decision reached and he cannot comment on any aspect of a case
which led to a hearing. The Ombudsman also has an appointments remit,
which is to consider complaints about the judicial appointments process
from people who have applied for appointment and have previously
complained to the Judicial Appointments Commission. However, he cannot
review the decision, only the process. Further information is available on
our website.

I hope that this is helpful. I am sorry again for the long delay in
replying.

Yours sincerely,

John Critchfield
Office of the Judicial Appointments and Conduct Ombudsman
9th Floor (9-53), 102, Petty France London SW1H 9AJ

Ph: 0203 334 2902
Fax: 0203 334 2913

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References

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1. file://www.judicialombudsman.gov.uk