Public confidence and trust in the Law Commission's review of the Misconduct in Public Office

Fiona Watts made this Rhyddid Gwybodaeth request to Law Commission

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 Law Commission,

Firstly, I am extremely grateful to the Law Commission for the opportunity it has given to the public to contribute to the debate.

A discussion between those non lawyers who have already contributed to the Misconduct In Public Office (MIPO) project has made the following FOI's necessary.

Prior to 2016;
1) What data had been recorded/ logged/ protected by the Law Commission (in particular) the MIPO project team that confirmed which public sector agency had been the most pro-active in wishing to see the Law Commission conduct a review of the following public concerns?

a) The basic rights of the public when trying to progress this legislation as a Person In Litigation in the County Courts?
b) A review of the timescales and limitations attached to MIPO in respect of "Common Law" compared to that of "Criminal Law"?
c) The logged concern that a UK citizen's right to "justice in a timely fashion" is impeded by the fact that the progression of Misconduct In Public Office has a 3 month time limit whilst most waiting lists and queues for justice with organisations from the ICO to the PHSO do not seem to start being progressed for half a year to 11 months?

2) Please provide a copy of that data that allows MIPO to be progressed under Common Law AFTER the 3 month deadline due to "special circumstances"?

For example, an inability to access an unbiased healthcare or council service after engaging in every public sector complaints protocol? Another example would be the delayed progression of a report by a Public Sector Ombudsman or Regulator?

Yours faithfully,

Fiona Watts

FionaWatts@magnacarta300

Communications Law Com, Law Commission

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dangos adrannau a ddyfynnir

LAWCOM (FOI), Law Commission

Dear Ms Watts

 

Thank you for your request for information received in this office on
29/03/16.  We acknowledge receipt.  We are handling your request for
information under the Freedom of Information Act 2000.  We will respond to
you as promptly as possible and, in any event, will provide the
information you seek within 20 working days from receipt of your request,
unless it transpires that we do not hold the information or that the
information is exempt from disclosure.  In the latter event we will advise
you why the information sought cannot be disclosed.  Your request for
information will be handled within the Commission by the Criminal Law
team.  If you have any query in the meantime relating to your request,
please contact me in my role as the Commission’s FoI co-ordinator.

 

Yours sincerely

 

Dan Leighton | FoI Co-ordinator | Law Commission

 

dangos adrannau a ddyfynnir

misconduct, Law Commission

1 Atodiad

Dear Ms Watts,

 

Please find attached our response to your request for information sent on
24 March 2016.

 

Kind regards,

 

Sarah Taylor | Law Commission
Research Assistant

1st Floor, Tower, Post Point 1.54, 52 Queen Anne’s Gate, London SW1H 9AG
(access via 102 Petty France)
Tel: 020 3334 3950 | Fax: 020 3334 0201 | Web: [1]www.lawcom.gov.uk 

Email: [2][email address]

 

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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
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mind when deciding whether to send material in response to this message
by e-mail.

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Dear Law Commission;

I am aware of the typo error but did my enquiry about timescales receive a definitive answer?

1.4
“c) The logged concern that a UK citizen's right to "justice in a timely fashion" is
impeded by the fact that the progression of Misconduct In Public Office has a 3
month time limit whilst most waiting lists and queues for justice with organisations
from the ICO to the PHSO do not seem to start being progressed for half a year
to 11 months? “

Yours sincerely,

Fiona Watts

Dear Ms Taylor,

Thank you for this answer; would it be possible if you could bring more clarity to this answer please? Or direct me to the legal translation for 3 month time limit; do you mean from the point of the Claimant providing notification of the pending judicial review?

Response: ...... There is a 3 month time limit for bringing a claim for judicial review in the administrative court but that is not related to the criminal offence of misconduct in public office which is the subject of our project.

Many thanks

Yours sincerely,

Fiona Watts