Guidance to court staff

Steve Elibank made this Rhyddid Gwybodaeth request to Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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 Her Majesty’s Courts and the Tribunals Service,

In response to FOI request 85590 (your ref) you provided 'section 1.5' of a document containing guidance to court staff. Please provide me with the entirety of this document.

Yours faithfully,
Steve Elibank

Lark, Alex,

1 Atodiad

Please find attached the acknowledgement of your freedom of information
act request.

 

Kind regards,

 

Alex

 

Alex Lark 

Knowledge & Information Liasion Officer│ HM Courts & Tribunals Service
│Crime Directorate  

2.21, 2nd Floor, 102 Petty France, London, SW1H 9AJ

Tel: 0203 334 4057

 

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2 Atodiad

Please find attached the response to your freedom of information act
request.

 

Kind regards,

 

Alex

 

Alex Lark 

Knowledge & Information Liasion Officer│ HM Courts & Tribunals Service
│Crime Directorate  

2.21, 2nd Floor, 102 Petty France, London, SW1H 9AJ

Tel: 0203 334 4057

 

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Dear Lark, Alex,

I very clearly specified that I wanted 'the entirety' of the document, and you have only provided me with one section of it.

Please provide me with the entirety of the document (ie. all of the sections) under the FOIA.

Yours sincerely,
Steve Elibank

1 Atodiad

Please find attached the acknowledgement of your freedom of information
act request.

 

Kind regards,

 

Alex

 

Alex Lark 

PA to Director of Crime & Enforcement│ HM Courts & Tribunals Service
│Crime Directorate  

2.21, 2nd Floor, 102 Petty France, London, SW1H 9AJ

Tel: 0203 334 4057

 

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Dear Alex,

No, that was NOT a fresh request. It was a reminder that you had failed to answer my initial request. Your response was due by 15th November (ie. tomorrow) so you still have time to comply with our legal duties under the Freedom of Information Act.

If I do not receie the information which I originally requested by close of play tomorrow, I will complain to the ICO.

Yours sincerely,
Steve Elibank

Malarkey5, Shaun,

1 Atodiad

Dear Mr. Elibank,
 
Please find attached a letter of acknowledgement.
 
Regards
 
Shaun Malarkey | HMCTS Assurance Manager | Governance & Assurance | [mobile number] | [1][email address].uk 
 

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Dear Mr Malarkey,

I have complained to the ICO.

Yours sincerely,
Steve Elibank

Dear Her Majesty’s Courts and the 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 the Tribunals Service's handling of my FOI request 'Guidance to court staff'.

Your response to FOI request 86829 is now overdue.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/g...

Yours faithfully,
Steve Elibank

Malarkey5, Shaun,

1 Atodiad

Dear Mr. Elibank,
 
Please find attached my response to you FOI enquiry.
 
Shaun Malarkey
02/01/2014

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Dear Malarkey5, Shaun,

Since I very clearly indicated on multiple occasions that I wanted a full and complete copy of the Crown Court Manual, and since you have resolutely and unlawfully failed to supply me with one, I will be referring your actions to the ICO.

Steve Elibank

Lark, Alex,

1 Atodiad

Please see the attached letter.

 

Kind regards,

 

Alex

 

Alex Lark 

Knowledge & Information Liasion Officer│ HM Courts & Tribunals Service
│Crime Directorate  

2.21, 2nd Floor, 102 Petty France, London, SW1H 9AJ

Tel: 0203 334 4057

 

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Dear Alex,

The request you are only now addressing (10 January) is the one I made on 18 October. You can take all the working days you like, because I have already complained to the ICO about your unlawful failure to respond, and I will not be withdrawing my complaint.

Steve Elibank

Lark, Alex,

1 Atodiad

Please see the attached reply to your Freedom of Information Act request.

 

Kind regards,

 

Alex

 

Alex Lark 

Knowledge & Information Liaison Officer│ HM Courts & Tribunals Service
│Crime Directorate  

2.21, 2nd Floor, 102 Petty France, London, SW1H 9AJ

Tel: 0203 334 4057

 

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Dear Alex,

I guess you will have received ICO decision notice FS50526068 observing that you have breached various sections of the Freedom of Information Act. You have been ordered to release the information I requested within 35 days. I look forward to you doing this.

Yours sincerely,
Steve Elibank

Gadawodd Ganesh Sittampalam anodiad ()

The decision notice is now on the ICO's website: http://ico.org.uk/~/media/documents/deci...

Gadawodd tracy sears anodiad ()

The MoJ are full of people who apply their own interpretation of what the law or procedures maybe. I KNOW BELIEVE ME!.

How can the manual cost money to publish its on the intranet in a PDF format, do i have to make it public and expose the lies and deceit about holding back information. MoJ knows exactly where that manual sits, rather than print the odd page publish the dam document. Its just a download and attach method, would you like me to come and show you AGAIN.

Dear Alex,

I look forward to receiving your the information I requested by Friday as per the Information Commissioner's ruling.

Steve

Lark, Alex,

Thank you for your e-mail. I am now out of the office and will return in the afternoon of Tuesday 22nd April 2014. My e-mails are not being read or forwarded. If your e-mail is urgent please contact Jo May or Chris Holding, otherwise I will reply to your e-mail when I return to the office.

Kind regards,

Alex Lark
Crime Directorate Support Unit

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dangos adrannau a ddyfynnir

Dear Mr Lark,

Just to summarise our telephone conversation today, for the benefit of the ICO when they review this case:

You said that "a response is being drafted [but] there isn't an estimated date"

You acknowledged that the delay was in breach of the ICO Decision Notice and therefore unlawful

You did not explain the delay

You did not apologise for the delay

You did not explain why you had failed to email me to update me on the delay, or why you ignored my two follow-up emails, or why you failed to respond to either of my two telephone messages (one left with a colleague and one left on your ansafone)

You did not apologise for this lack of contact

In my view your performance in relation to fulfilling the ICO Decision Notice has breached sections 16 and 54(3) of the FOIA.

Steve Elibank

Lark, Alex,

1 Atodiad

Please see the attached correspondence.

 

Kind regards,

 

Alex

 

Alex Lark 

Knowledge & Information Liaison Officer│ HM Courts & Tribunals Service
│Crime Directorate  

2.21, 2nd Floor, 102 Petty France, London, SW1H 9AJ

Tel: 0203 334 4057

 

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Gadawodd Ganesh Sittampalam anodiad ()

If you haven't already done so, you may want to contact the ICO and ask for them to begin contempt proceedings.

Gadawodd Jt Oakley anodiad ()

Why are they trying to keep you from reading it?

Dear Lark, Alex,

Just a reminder that you promised to provide me with the entire Crown Courts Manual (which I requested in October) "by the end of May".

Yours sincerely,
Steve Elibank

Dear Alex,

Over seven months since I made the request, I gather that the moment has come. You have committed to releasing to me the entire Crown Court Manual by the end of May, and as the 30th is the last working day in May I trust I can expect to receive it.

Please be aware that I will be complaining to the ICO in any event (seven months is obviously taking the piss as a response time) but will complain considerably more urgently and virulently, and with copies to my MP and the legal sector press, if you fail to provide me with this information by your own, invented, revised deadline.

Yours sincerely,
Steve Elibank

Lark, Alex,

2 Atodiad

Please see the attached correspondence.

 

Kind regards,

 

Alex

 

Alex Lark 

Knowledge & Information Liaison Officer│ HM Courts & Tribunals Service
│Crime Directorate  

2.21, 2nd Floor, 102 Petty France, London, SW1H 9AJ

Tel: 0203 334 4057

 

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Dear Lark, Alex,

This is a special day indeed. Thank you for providing me with an almost-complete copy of the Crown Court Manual.

Just browsing through some of the early sections I am finding some very surprising section 43 refusals: eg. Section 3 para 12,13,15,16; Section 6 para 1,3,7,8; Section 7 para 1,2; appendices B and C.

Obviously I do not know what information is being hidden but I cannot for the life of me imagine how section 43 is relevant to eg the procedure for a person being committed for sentence in the Crown Court. That makes no sense to me.

I am not going to request an internal review yet. However, it would be helpful to me if you could elaborate on how section 43 applies to the contents of the manual. It would be helpful if you could indicate this to me within the next week (ie by the end of 6 June) as your explanation might well explain matters and prevent me having to request an internal review.

For the absolute avoidance of doubt this email is not a request for an internal review but just an informal request for clarification. Please do not treat it as a request for an internal review.

Yours sincerely,
Steve Elibank

Lark, Alex,

Thank you for your e-mail. I am now out of the office and will return in the afternoon of Tuesday 3rd June 2014. My e-mails are not being read or forwarded. If your e-mail is urgent please contact Jo May or Chris Holding, otherwise I will reply to your e-mail when I return to the office.

Kind regards,

Alex Lark
Crime Directorate Support Unit

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Dear Lark, Alex,

Actually in rereading your message I see that you have not offered any option if an internal review. Please confirm whether one is available (should I want it) or whether I should go straight to the ICO.

Yours sincerely,

Steve Elibank

NE RSU FOI & DPA,

Freedom of Information Request
 
Dear Mr Elibank,
 
Thank you for your email of 2^nd June 2014 to the Information
Commissioners Office (ICO) and copied to HMCTS into the way the department
handled your request for information under reference:
 
FOI 88494/ICO FS50526068
 
The provision of a redacted version of the Crown Court Manual applying
sections 23, 31, 38, 40 and 43 of the Freedom of Information Act
 
Your request has been passed to me because I have responsibility for
answering requests relating to Her Majesty’s Courts & Tribunals Service
(HMCTS).  HMCTS is an executive agency of the MoJ and is responsible for
managing the magistrates' courts, the Crown Court, county courts, the High
Court, the Court of Appeal and Tribunals Service in England and Wales and
non-devolved tribunals in Scotland and Northern Ireland.
 
Your request is being handled under the Freedom of Information Act 2000
(FOIA).
 
The department will be conducting a review and a response will be issued
to you in due course.
 
If you have any queries regarding this internal review please do not
hesitate to contact me, quoting ref: FOI/IR/91244 in all future
correspondence.
Disclosure Log
You can also view information that the Ministry of Justice has disclosed
in response to previous Freedom of Information requests. Responses are
anonymised and published on our on-line disclosure log which can be found
on the MoJ website:
[1]http://www.justice.gov.uk/information-ac...

The published information is categorised by subject area and in
alphabetical order.
 
 
Yours sincerely
 
 
K Smith
 
K Smith
NE Region KILO
NE Delivery Directors Office, 11th Floor, Pinnacle,
Albion Street, Leeds, LS1 5AA
DX 724960 Leeds 56
Tel: 0113 2511200
 
 
 
 

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Dear K Smith,

Thank you for your email. I look forward to receiving the results of your internal review within 20 working days of the date I requested it, namely by end of business hours on 2nd July

Yours sincerely,
Steve Elibank

Dear Mr Elibank,
 
I would like to update you on the Departments review of FOI 88494/ICO
FS50526068 – copy of the Crown Court Manual.
 
Unfortunately I will be unable to respond substantively next week.
 
As part of my review I am assessing each individual redaction to make an
informed decision as to whether or not the FOI exemption applied was
appropriate. I hope you will appreciate that due to the overall size of
the Crown Court Manual and number of redactions made, this is taking
longer than anticipated.
 
At this moment I am unable to provide an estimate of when I will be able
to respond substantively but I will attempt to do so as soon as possible
and will update you at regular intervals.
 
Yours sincerely
 
K Smith
 
K Smith
NE Region KILO
NE Delivery Directors Office, 11th Floor, Pinnacle,
Albion Street, Leeds, LS1 5AA
DX 724960 Leeds 56
 
 
 
 
 

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Gadawodd Jt Oakley anodiad ()

Why should there be a need for redaction - if it is procedure?

However, it demonstrates how toothless the ICO is if the Ministry of Justice know that it can treat its rulings with such contempt.

Gadawodd Angela Snodgrove anodiad ()

How can the rest of us see this manual. Will you be posting it online, Steve, please?

Gadawodd Steve Elibank anodiad ()

Angela - the limited amount of information they did supply is above on this page: https://www.whatdotheyknow.com/request/g...

Gadawodd Jt Oakley anodiad ()

I can't open it..

Ironically the message is 'invalid credentials'.

NE RSU FOI & DPA,

Dear Mr Elibank,
 
As my previous email, I promised that I would provide you with a regular
update on the Internal review.
 
I have now worked through approximately 50% of the exemptions applied in
the original response.
 
I estimate the remainder will take approximately a further 2 weeks to
complete, together with providing you with new copies of the sections of
the manual.
 
I will update you again next week.
 
Yours sincerely
 
K Smith
 
K Smith
NE Region KILO
NE Delivery Directors Office, 11th Floor, Pinnacle,
Albion Street, Leeds, LS1 5AA
DX 724960 Leeds 56
 
 
 

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Gadawodd Doug Paulley anodiad ()

This is blatant contempt - of the requester, of the ICO, actionable contempt of court, and worst of all contempt of the public. How ridiculous.

Smith, Keren (NE Region),

Dear Mr Elibank,
 
As my previous email, I promised that I would provide you with a regular
update on the Internal review.
 
I have now worked through approximately 75% of the exemptions applied in
the original response.
 
I now estimate that the remainder of the work required will take
approximately a further 1 to 2 weeks to complete. I apologise for the
delay but as you will appreciate the manual is a large document and I need
to address each and every redaction individually and ensure that the
revised document is cross referenced and checked.
 
I will update you again next week.
 
Yours sincerely
 
K Smith
 
K Smith
NE Region KILO
NE Delivery Directors Office, 11th Floor, Pinnacle,
Albion Street, Leeds, LS1 5AA
DX 724960 Leeds 56
 
 
 

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Dear Smith, Keren (NE Region),

It has now been one to two weeks since your last update. Please provide a further one.

Yours sincerely,
Steve Elibank

NE RSU FOI & DPA,

Dear Mr Elibank,

Please accept my apologies for not updating you last week as to the current position, you were on my list for today.

Due to absences from various offices there are still some areas of the manual which require agreement as to release or if required the appropriate exemption.

I expect to have my element of the review completed this week, however due to areas outside my expertise these will have to be agreed by the relevant offices.

I am unfortunately on leave between 26th August and 8th September inclusive, but I expect all the agreements to have been reached by my return and then my final reply to you by no later 12th September.

My sincere apologies for the further delay, as you will appreciate the document is extensive and varied, and it has been necessary to revisit each redaction and various areas of the business.

Yours sincerely

K Smith

K Smith
NE Region KILO
NE Delivery Directors Office, 11th Floor, Pinnacle,
Albion Street, Leeds, LS1 5AA
DX 724960 Leeds 56

dangos adrannau a ddyfynnir

Dear NE RSU FOI & DPA,

I note that it is now after 12 September and yet I have not received the response you promised. What is going on and would you like me to refer this case back to the Information Commissioner now or shall I give you another 7 days?

Yours sincerely,
Steve Elibank

NE RSU FOI & DPA,

Dear Mr Elibank,

Please accept my apologies for the delay, the review is almost completed, and a spreadsheet to provide a reference to the exemptions originally used to show those which have been either overturned, upheld or overturned and replaced with a different exemption.

I had hoped to complete the same of Friday but unfortunately I was not able to achieve this. I hope to have this to you by close of play on 19th.

Yours sincerely

K Smith

K Smith
NE Region KILO
NE Delivery Directors Office, 11th Floor, Pinnacle,
Albion Street, Leeds, LS1 5AA
DX 724960 Leeds 56
Tel: 0113 2511200

dangos adrannau a ddyfynnir

Dear NE RSU FOI & DPA,

Thank you and I look forward to receiving your email today.

Yours sincerely,

Steve Elibank

NE RSU FOI & DPA,

Dear Mr Elibank,
 
The final work on the manual and our reply has now been completed and is
now in the process of being cleared by the Data Access & Compliance Unit.
It is anticipated given the size of the documents concerned that this will
take approximately 2-3 days.
 
The final reply and documents will be sent to you no later than close of
play on Friday 26th September 2014.
 
Please accept my apologies for this further delay
 
I have also copied the caseworker at the ICO in for information.
 
Yours sincerely
 
K Smith
 
K Smith
NE Region KILO
NE Delivery Directors Office, 11th Floor, Pinnacle,
Albion Street, Leeds, LS1 5AA
DX 724960 Leeds 56
Tel: 0113 2511200
 
 
 

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NE RSU FOI & DPA,

3 Atodiad

Dear Mr Elibank,
 
Please find herewith our reply to your request for an internal review of
the Freedom of Information response in respect of the Crown Court Manual,
together with the revised version of the Crown Court Manual and table of
exemptions originally applied, reviewed (including whether upheld,
overturned or replaced by a different exemption.)
 
 
 
Yours sincerely
 
K Smith
 
K Smith
NE Region KILO
NE Delivery Directors Office, 11th Floor, Pinnacle,
Albion Street, Leeds, LS1 5AA
DX 724960 Leeds 56
Tel: 0113 2511200
 
 
 
 
 

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.

dangos adrannau a ddyfynnir

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.