Use of forced initial entry by enforcement agents recovering criminal fines

The request was partially successful.

Michael Agboh-Davison

Dear Her Majesty's Courts and Tribunals Service,

Please could you confirm:

1. How many times have enforcement agents acting on the instructions of HMCTS to collect criminal fines used force to make initial entry to domestic premises in the following periods:

1 April 2014 - 31 March 2015
1 April 2015 - 31 March 2016
1 April 2016 - 31 March 2011
1 April 2017 - 31 March 2018
1 April 2018 - 31 March 2019
1 April 2019 - 31 March 2020

This request relates to instances of forced initial entry only, not to the use of forced entry to remove goods already taken into control.

2. Does the process in the HMCTS Forced Entry Powers Procedure (July 2014) still apply? If this has been replaced with more recent guidance, please could you supply a copy.

3. How many of the instances of forced initial entry in the period above were carried out at the enforcement agent's own discretion without prior approval of a Nominated Officer (para 3.5 in the 2014Procedure).

This request seeks an update of a previous request FOI 102586. The response to this, and copy of the July 2014 guidance is visible at: https://www.whatdotheyknow.com/request/u...

Yours faithfully,

Michael Agboh-Davison

Disclosure Team, HM Courts and Tribunals Service

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EnforcementKILO, HM Courts and Tribunals Service

1 Attachment

 

Dear Mr Agboh-Davison

 

Thank you for your request dated 28/05/2020.  The MoJ is required to
provide you with a response within 20 working days. I will send you a
response to your request by 25/06/2020.

 

Please find attached a letter acknowledging your request.

 

Thanks

 

G Jones

KILO

National Compliance and Enforcement Service

HMCTS

 

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EnforcementKILO, HM Courts and Tribunals Service

1 Attachment

 

Dear Mr Agboh-Davison

 

Thank you for your request dated 28/05/2020.  Please find a letter in
response to your request. 

 

Your request has been handled under the FOIA.

 

Thanks

 

KILO Team

National Compliance and Enforcement Service

HMCTS

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Michael Agboh-Davison

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 'Use of forced initial entry by enforcement agents recovering criminal fines'.

In regard to my questions 1 and 3, the Ministry of Justice supplied this data in my previous request of 10 February 2016 (your reference FOI 102586 – see https://www.whatdotheyknow.com/request/3...).

The data I requested in my current application started 1 April 2014 and is therefore included in the data you released to me in my previous request which covered 1 January 2010 to 31 December 2015. I do not understand how you can claim that you are not the holder of information you have previously released.

I would also challenge the claim that HMCTS does not hold this data. If enforcement agents acting under contract to HMCTS use or plan to use forced entry and require the prior consent of court staff to do so, it seems odd that HMCTS would not keep a record of this, or require the enforcement agencies to include these unusual cases in reporting.

In regard to my second question, please could you provide a copy of the January 2019 “legal guidance document that is now in place which is the Applications in Relation to Warrants of Control, particularly Forced Entry” you refer to in your reply.

Previous editions of this guidance dated December 2009 and July 2014 have been released under FOI requests, including my own. You state that this “is not a public domain document”. I am unclear on what basis you are refusing to release this document. If you will not agree to release a copy, please specify the exact grounds for refusal with reference to s17 or Part II Freedom of Information Act 2000.

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

Yours faithfully,

Michael Agboh-Davison

Disclosure Team, HM Courts and Tribunals Service

This is an automated confirmation that your email has been received by the
Disclosure Team (Ministry of Justice) mailbox.

 

Freedom of Information (FOI)

 

If your email is a FOI request you can expect a response within 20 working
days.

 

However, please be advised that due to the current situation with COVID-19
we may not be able to provide a response within this timescale; if this is
the case, we will contact you to provide an update.

 

Every effort is being made to respond to FOIs as usual but the current
situation means that available Departmental resources will be needed on
other high priority areas.

 

We kindly ask for your understanding during this unprecedented situation
and we will aim to deal with your FOI request as soon as is practically
possible.

 

Subject Access Requests (under the General Data Protection Regulation
((EU) 2016/679)) (the Regulation) and/or Data Protection Act 2018 (DPA))

 

If your email is a SAR, you can expect a response within 1 calendar month.

 

However, please be advised that due to the current situation with COVID-19
we may not be able to provide within this timescale; if this is the case,
we will contact you to provide an update.

 

Every effort is being made to respond to SARs as usual but the current
situation means that available Departmental resources will be needed on
other high priority areas.

 

We kindly ask for your understanding during this unprecedented situation
and we will aim to deal with your SAR as soon as is practically possible.

 

 

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EnforcementKILO, HM Courts and Tribunals Service

1 Attachment

 

Dear Mr Agboh-Davison

 

 

Thank you for your request dated 25/06/2020 for an Internal Review of FOI
200528012.  Please find attached a letter acknowledging your request.

 

A review is currently being conducted and a response will be issued to you
in due course.

 

Thanks

 

 

KILO Team

National Compliance and Enforcement Service

HMCTS

 

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EnforcementKILO, HM Courts and Tribunals Service

2 Attachments

 

Dear Mr Agboh-Davison

 

 

Thank you for your Internal Review request dated 25th June 2020 regarding
FOI request 200528012.  Please find attached a letter and associated
document regarding your request.

 

 

 

Thanks

 

 

KILO Team

National Compliance and Enforcement Service

HMCTS

 

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