Practice Direction 39A - Miscellaneous Provisions Relating to Hearings

Mr Frankham made this Rhyddid Gwybodaeth request to Ministry of Justice

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

Gwrthodwyd y cais gan Ministry of Justice.

Dear Ministry of Justice,

Practice Direction 39A - Miscellaneous Provisions Relating to Hearings

Are chambers hearings held in private in a judge's room and must they be marked as sitting in private?

Can a party who has received a order held in private insist that it is marked correctly to reflect the fact it was before a judge sitting in private and not sitting in public.

Shouldn't this already appear on all orders accurately, either on a general order of the court or on prescribed orders or do the rules not apply to certain orders.

Does this practice direction apply to all courts and hearing centres in the county court, please provide the information held as to any exceptions.

When no sign is outside the court or judge's room how is it reasonable to prevent
and block public access and yet not mark an order as sitting before a judge in private.

Please clarify what orders are made in the county court hearing centre that must be marked as such and not just with 'In the County Court at and the name' but must included 'Hearing Centre', please also confirm what orders must be made on prescribed orders rather than general orders.

All recorded information is requested under FOIA and that confirms that this Practice Direction is current and applies to all courts in Engand and Wales.

Yours faithfully,

Mr Frankham

Civil & Family Business Support, Ministry of Justice

Dear Mr Frankham,

Thank you for your e-mail, I am writing to advise you that your enquiry does not fall under the Freedom of Information Act 2000 (FOIA) regime. As the WDTK website it to be used only for FOI requests we will not be actioning your email.

It may be helpful if I explain that the FOIA gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the FOIA states that in order for a request for information to be handled as a FOI request, it must be for recorded information. For example, a FOI request would be for a copy of a policy, rather than an explanation as to why we have that policy in place. On occasion, the MoJ receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.

To submit your question please email [email address]

Please ensure this is sent via a personal email account, rather than through the WDTK website.

If you do have any questions relating specifically to the FOIA or Data Protection Act (DPA), please contact the Disclosure Team at the following e-mail address: [MoJ request email]

Kind regards,

Civil Jurisdictional & Operational Support
Court and Tribunals Development Directorate | HMCTS| Web: www.gov.uk/hmcts

For information on how HMCTS uses personal data about you please see:
https://www.gov.uk/government/organisati...

dangos adrannau a ddyfynnir

Dear Civil & Family Business Support,

I beg to differ the Ministry of Justice is required to provide all recorded information and records you hold under the Freedom of Information Act and have been given the Practice Direction 39A to which this request relates. This provision either must be followed correctly or it is being wilfully ignored by the courts.

Yours sincerely,

Mr Frankham

Civil & Family Business Support, Ministry of Justice

Thank you for your email to the Civil & Family Business Support mailbox,
before the team can start to look in to your query, you are required to
verify that you have:

 

 1. Conducted a check to ensure that the information requested is not
available online via the Intranet or Internet;
 2. Consulted with your Line Manager
 3. Consulted with a Delivery Manager
 4. Consulted with your Regional representative from the relevant National
Operational Forum.

 

(There are separate Operational Forums for Civil, Family, Divorce and the
Court of Protection. Links to details of the forums and the regional
representatives can be found on the Civil and Family Query Form).

 

If you have followed the above procedure and still need our assistance
then you are required to complete the new ‘Civil and Family Query Form’
which you can locate
[1]https://intranet.justice.gov.uk/about-hm...
(If your query does not relate to an operational process and you are
another department then your email will be responded to and you are not
required to complete the form)

 

The mailbox is checked regularly during business hours 10am to 4pm Monday
to Friday and we endeavour to reply to all emails within 5 working days.
However, it may take longer to provide you with a definitive answer if
your query needs to be referred to our policy, legal or operational
colleagues

 

 

dangos adrannau a ddyfynnir

Civil & Family Business Support, Ministry of Justice

Dear Mr Frankham,

Thank you for your email.

We have again re-reviewed what you have stated; but still feel that your request would not be dealt with as a Freedom of Information (FOI) request as you are not asking for recorded information. Your request can be dealt with under a Business as Usual request, which would mean that we would be able to answer your query. However you do need to provide a personal email address for us to be able to respond to you, as only Freedom of Information responses can be sent to the ‘whatdotheyknow.com’ website, and this we do not deem a FOI.

Many thanks

Civil Jurisdictional & Operational Support
Court and Tribunals Development Directorate | HMCTS| Web: www.gov.uk/hmcts

For information on how HMCTS uses personal data about you please see:
https://www.gov.uk/government/organisati...

dangos adrannau a ddyfynnir

Dear Civil & Family Business Support,

Please point out where recorded information has not been requested under the FOIA and why you do not hold any recorded information that relates to this request.The practice direction is current and still applies does it not?

If you still feel this FOI request should not be dealt with under the FOIA you must state your reasons for the ICO.

Yours sincerely,

Mr Frankham

Civil & Family Business Support, Ministry of Justice

Thank you for your email to the Civil & Family Business Support mailbox,
before the team can start to look in to your query, you are required to
verify that you have:

 

 1. Conducted a check to ensure that the information requested is not
available online via the Intranet or Internet;
 2. Consulted with your Line Manager
 3. Consulted with a Delivery Manager
 4. Consulted with your Regional representative from the relevant National
Operational Forum.

 

(There are separate Operational Forums for Civil, Family, Divorce and the
Court of Protection. Links to details of the forums and the regional
representatives can be found on the Civil and Family Query Form).

 

If you have followed the above procedure and still need our assistance
then you are required to complete the new ‘Civil and Family Query Form’
which you can locate
[1]https://intranet.justice.gov.uk/about-hm...
(If your query does not relate to an operational process and you are
another department then your email will be responded to and you are not
required to complete the form)

 

The mailbox is checked regularly during business hours 10am to 4pm Monday
to Friday and we endeavour to reply to all emails within 5 working days.
However, it may take longer to provide you with a definitive answer if
your query needs to be referred to our policy, legal or operational
colleagues

 

 

dangos adrannau a ddyfynnir