Public Records of First-tier Hearings & Outcomes

Yn disgwyl am adolygiad mewnol gan Gwasanaeth Llysoedd a Thribiwnlysoedd EM o'u triniaeth o'r cais hwn.

Dear Her Majesty's Courts and Tribunals Service,

Please could you confirm if there is a public record of all First-tier Tribunal (Social Security and Child Support) hearings and outcomes? If there is, please could you provide details of how to access the records?

If these records are not publically available, please could you advise if there are any plans to make them publically available in the future?

If these records are not publically available, please could you confirm why this is the case?

Yours faithfully,

Mr McGregor

Disclosure Team, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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 and has been rejected by the Disclosure Team.

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.

You may wish to re-submit your enquiry to the Ministry of Justice, which will be treated as Official Correspondence. Our contact details are as follows:

102 Petty France
London
SW1H 9AJ

Contact Form:

https://contact-moj.dsd.io/

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: [HMCTS request email]

Kind regards,

The Disclosure Team

dangos adrannau a ddyfynnir

Dear Disclosure Team,

Thank you for your reply. Please could you provide me with copies of your policies & guidance relating to the publication of First-tier Tribunal (Social Security and Child Support) hearings and outcomes?

Please could you provide me with a copy of your inventory of First-tier Tribunal (Social Security and Child Support) hearings and outcomes?

Yours sincerely,

Mr McGregor

IAC KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

2 Atodiad

Dear Mr McGregor,

 

Please find attached response in relation to your recent enquiry.

 

 

Kind Regards

 

 

IAC & SSCS Knowledge & Information Liaison Officer

 

 

[1]HMCTS_BLK_DIGI          

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

 

 

dangos adrannau a ddyfynnir

Dear IAC KILO,

Thank you for your response. To clarify, the information I am requesting is a copy of a database, spreadsheet or any alternative format that contains records for all First-tier Tribunal 
(Social Security and Child Support) hearings and outcomes. If the information is not available electronically, I am happy to receive it by paper instead.

I hope this clarifies my request though should you require anything further from me, please do not hesitate to ask.

Yours sincerely,

Mr McGregor

IAC KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Mr McGregor,

 

Please find attached an acknowledgement in relation to your recent
enquiry.

 

Regards

 

Knowledge & Information Liaison Officer

IAC & SSCS Kilo/External Emails|HMCTS|Crown House|Loughborough|LE11 2TW

 

For information on how HMCTS uses personal data about you please see:

 

[1]https://www.gov.uk/government/organisati...

 

 

dangos adrannau a ddyfynnir

IAC KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Mr McGregor,

 

Please find attached the response in relation to your recent enquiry.

 

Regards

 

Knowledge & Information Liaison Officer

IAC & SSCS Kilo/External Emails|HMCTS|Crown House|Loughborough|LE11 2TW

 

For information on how HMCTS uses personal data about you please see:

 

[1]https://www.gov.uk/government/organisati...

 

 

dangos adrannau a ddyfynnir

Dear Her Majesty's Courts and 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 Tribunals Service's handling of my FOI request 'Public Records of First-tier Hearings & Outcomes'.

The First-tier Tribunal (Social Security and Child Support) is supposed to be easily accessible to members of the public to enable members of the public to represent themselves without the need to pay for expensive legal representation. In order to assist the public with being able to represent themselves in a fair manner, it seems only reasonable that they should be able to access all previous related case-law to assist in preparing their case. Indeed, Second Tier Tribunal (Social Security and Child Support) data is publically available and I can’t see any logical reason why the rules would be different for First-Tier. A particular function of this tribunal is also to hold the Child Maintenance Service to account, which of course is a public organisation covered by the FOIA regulations. It is therefore in the wider public interest that this information is published to hold this public authority to account.

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

Yours faithfully,

Mr McGregor

Greenwood, Jason, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

2 Atodiad

Good morning,

 

Please find attached my response to your request to review your FOI
request response.

 

If you require any further information please do not hesitate to contact
me.

 

Kind regards

 

Jason

 

Jason Greenwood

Delivery Manager

 

Special Educational Needs and Disability Tribunal/Care Standards
Tribunal/Primary Health Lists Tribunal | HMCTS | 1^st Floor Darlington
Magistrates Court | Parkgate | Darlington | DL1 1RU

Phone: 01325 289350

 

[1]HMCTS_BLK_DIGI          

 

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

 

dangos adrannau a ddyfynnir

Dear Mr Greenwood,

Thank you for your response. In case there has been a mis-understanding of what it is I am requesting, I am asking for access to information enabling me to look up 1st tier case law like that provided for 2nd tier cases at the following link:

https://www.gov.uk/administrative-appeal...

I dispute that FOIA 32(A) is applicable in this instance because if it was, then 2nd tier cases would not be publically available as per the link above. I see no reasonable explanation why the rules would be different for 1st and 2nd tier cases.

I also dispute that FOIA 40(2) is applicable on two grounds. Firstly, the data I am requesting is already publically available at 2nd tier level, and I see no reasonable explanation why the rules would be different for 1st and 2nd tier cases. Secondly, I see no reason why you couldn’t either blank out personal data and/or use non-identifiable terms such as father, mother, appellant, 1st respondent, 2nd respondent instead.

Yours sincerely,

Mr McGregor

Greenwood, Jason, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Mr McGregor,

Thank you for your email. I will check and come back to you.

Kind regards

Jason

Jason Greenwood
Delivery Manager

Special Educational Needs and Disability Tribunal/Care Standards Tribunal/Primary Health Lists Tribunal | HMCTS | 1st Floor Darlington Magistrates Court | Parkgate | Darlington | DL1 1RU
Phone: 01325 289350

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

dangos adrannau a ddyfynnir

IAC KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

2 Atodiad

Dear Mr McGregor

 

 

Please find attached an acknowledgement in relation to your recent
enquiry.

 

Kind Regards

 

 

IAC & SSCS Knowledge & Information Liaison Officer

 

[1]HMCTS_BLK_DIGI          

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

 

 

dangos adrannau a ddyfynnir

IAC KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

2 Atodiad

Dear Mr McGregor

 

Please find attached response to your request.

 

 

Thank you

 

Knowledge and Information Liaison Officer

National Business Centre – Regional Support Unit

Web: [1]www.gov.uk/hmcts

[2]HMCTS_BLK_DIGI

[3]Here is how HMCTS uses personal data about you 

I am not authorised to bind my Department contractually, nor to make
representations or other statements which may bind the Department in any
way via electronic means.

 

dangos adrannau a ddyfynnir

Dear Her Majesty's Courts and 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 Tribunals Service's handling of my FOI request 'Public Records of First-tier Hearings & Outcomes'.

You contradict yourself within your response. First you say you do not hold the information requested, then you go on to say you do, but only share it with parties involved with each case.

It is clear that you do hold the information requested but are fusing to release it in line with FOIA requirements. I will also remind you that my original request was made some months ago, and you have attempted various delaying tactics to avoid answering my request since. Please review my case asap and if necessary, I will take my case to the ICO.

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

Yours faithfully,

Mr McGregor

NBC.KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

2 Atodiad

Dear Mr McGregor,

 

Please find attached response to your FOI - 20303044 Internal Review.

 

I apologise for the delay.

 

Thank you,

 

Nick Pratt

Operational Support

HMCTS | NBC Regional Support Unit| Bradford

 

[1]HMCTS_BLK_DIGI           

 

 

dangos adrannau a ddyfynnir

Dear NBC.KILO,

Thank you for your response dated 15th April 2020. Please may I clarify the following points:

(a) you state that in cases where the facts and reasons are released to the parties, this data is not also stored in court records. I don't believe this is correct and that the correct protocol is for the facts and reasons to also be added as additional pages onto the end of the case file stored by the court. Please would you clarify if my understanding is correct?

(b) I also believe that even in cases where facts and reasons haven't been issued, the court is required to keep a record of any hearings and outcome, whether that be a formal decision notice or written notes. Please would you clarify if my understanding is correct? If it is correct, then these documents would also form relevant case law within the remit of my request.

(c) why does your latest response claiming not to hold the data contradict your response made on 19th March 2020 where you confirmed the data does exist, but not in a centralised database system?

I look forward to your speedy response.

Yours sincerely,

Mr McGregor