Department for Communities and Local
Government
1 NW Fry Building
2 Marsham Street
London
SW1P 4DF
Telephone: 030 3444 2222
Mr Ismail Bhamjee
Via WDTK
Date:
8 March 2016
Dear Mr Bhamjee,
Internal review under the Freedom of Information Act 2000 -
1855864
Thank you for your request for a review received on 16 February 2016. I am sorry
that you are dissatisfied with our attempts to handle your request under the Freedom
of Information Act 2000.
I am the review officer appointed to undertake the internal review and I am writing to
provide a response. I had no involvement in the original decision.
Background
On 21 January 2016, you wrote to the Department for Communities and Local
Government (DCLG) requesting:
1. You are aware of the Judgment given in the Court of Appeal on the 7th May 2014
Before Lord Justice Richards, Lord Justice Underhill and Lord Justice Floyd.
http://www.bailii.org/ew/cases/EWCA/Civ/2014/566.html
The Secretary of State had been ordered to pay the Costs of £22,700.00 for
Mahfooz Ahmed.
2. You do have the Archbold of 2006 XIV The European Court:
European Law.
European Community Law is part of the United Kingdom Law
European Communities Act 1972 Section 2.
Any question.
3. The Evidence (European Court) Order 1976 (SI 1976 NO 428) applies Section 1
to 3 of the Evidence (Proceedings in other Jurisdictions) Act 1975 to the European
Court of Justice thus enabling evidence for Proceedings before the Court to be taken
in the United Kingdom.
When shall you make some changes to Section 174, 177, 179, 195, 288, 289 of the
Town and Country Planning Act 1990
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4. Does The Secretary of State for Communities and Local Government does have
the details of British Citizens who are on the Electoral Roll to vote in the Republic of
Malawi, Republic of Zambia. Since there is an Offence under the Criminal Justice
Act 1948 Section 31 Jurisdiction and Procedure in respect of certain Indictable
offences committed in Foreign Countries
(1) Any British Subject employed under Her Majesty's Government in the United
Kingdom in the United Kingdom in the service of the Crown who commits, in a
Foreign Country, when acting or purporting to act in the course of his employment,
any offence which, if committed in England, would be punishable on Indictment, shall
be guilty of an Offence..... and subject to the same punishment, as if the Offence had
been committed in England.
Since many Chief Executive in the United Kingdom except Chichester Council are
directly or Indirectly Discriminating me by way of Collective Harassment.
On 21 January 2016, my colleague Ben Heathcote wrote to inform you that he was
dealing with part 4 of your request under the Freedom of Information Act 2000. On
16 February 2016 Mr Heathcote provided a formal response to this request. He
stated that only requests for recorded information held by a public authority are
covered by the Freedom of Information Act 2000 and provided a link to a webform
for the submission of other enquiries or comments to the Department. He informed
you that following a search he had established that the Department for Communities
and Local Government does not possess a record of the details of British Citizens
who are on the Electoral Roll in the Republic of Malawi or the Republic of Zambia
and, as such, the information you had requested was not held by the Department.
Request for review
On 16 February 2016 you requested an internal review of the handling of your
request, the full text of which is included in Annex 1 to this letter.
Appeal Officer’s response
I am of the opinion that Mr Heathcote was correct in his initial assessment that only
part 4 of your email to the Department falls under the Freedom of Information Act
2000 as it contains no other requests for recorded information. Mr Heathcote gave
the reasoning for this decision in his official response and also demonstrated a
willingness to assist by providing an appropriate channel for communicating
comments such as those contained in the bulk of your email. I am also of the opinion
that Mr Heathcote’s response that the requested information was not held was
correct and in accordance with the Freedom of Information Act 2000.
Conclusion
Having reviewed this case, I have concluded that the Department’s original response
was correct and in accordance with the Freedom of Information Act 2000.
If you are unhappy with the outcome of this internal review, you can ask the
independent Information Commissioner to investigate. The Information
Commissioner can be contacted at email address
xxxxxxxx@xxx.xxx.xx or use their
online form at
ico.org.uk/concerns or call them on 0303 123 1113.
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Yours sincerely,
Timothy Granville
Knowledge and Information Access
Department for Communities and Local Government
Fry Building
2 Marsham Street
London
SW1P 4DF
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Annex 1
Dear Department for Communities and Local Government,
Please pass this on to the person who conducts Freedom of
Information reviews.
I am writing to request an internal review of Department for
Communities and Local Government's handling of my FOI request
'RE:-Mahfooz Ahmed Respondent and SSCLG and London Borough of
Hackney Appellant 7th May 2014'.
I, Ismail Abdulhai Bhamjee request for a Review of the decision
made on the 16th February 2016 under reference Number 1855864.
1. The First Point is that on the 25th October 2000 in the High
Court of Justice Administrative Court, there were about 16
Barristers and 3 Litigants in Person which did include me, Ismail
Abdulhai Bhamjee, as by Paragraph 2 and 3 of the Order, I had been
given Leave of the Court to amend my Pleadings and Serve on the
Respondents within Seven Days; The Words Section 11 (a) (b) of the
Human Rights Act 1998 and Section 2 (1) of the European Communities
Act 1972 had been left out on the Court Order which was drawn and
sealed by the Court Associate Officers. Since the Treasury
Solicitors does normally represent many Government Ministers and
Departments, whilst they hold the documents and Information on
behalf of the Government Ministers and Government Departments.
2. The European Communities Act 1972 Section 2 (1), 3 (1) and
Statutory Instrument 1976 No 428,
The requested Information is no Longer Exempt Information under the
Public Records Office Act 1958 which is more than 30 Years.
Section 78 of the Freedom of Information Act 2000 does state it is
for the Public Authority to disclose.
3. When there is Mal-Administration in any Government Minister or
Department, There is a Legal Right to make a complaint to the
Parliamentary and Health Services Ombudsman Commissioner's Office
through a member of Parliament.
You should have provided such a decision Notice Letter whilst you
are aware the Member of Parliament for Ilford North has recently
been changed.
4. In the Judicial Review Proceedings Number CO/2429/2001- It is
the Barrister who had applied for a Greep & Loam Order against me,
when the Supreme Court of Jurisdiction and Consolidation Act 1925
had been repealed under Schedule 7 of the SCA 1981, as It was only
the HM Attorney General who could authorise an Application for a
Section 42 of the SCA 1981 Order,
Whilst the TCPA 1971 had been repealed.
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5. The Case of Bhamjee versus David Forsdick and Others and Bhamjee
versus the First Secretary of State has been published in the
Public Domain where many Judges in the United Kingdom they do have
reasonable access, whilst the SSCLG has a Statutory Duty of
Candour. I have lost my Son Mohamed Ismail Bhamjee who had
committed suicide in Leicestershire as He had no where to make his
complaints.
6. The Former Vice President of the Republic of Zambia, The Late Mr
Mainza M. Chona SC, He was my Lawyer when He was practising as a
Lawyer in Lusaka, Republic of Zambia. Since He couldn't write a
letter to confirm about the Marital Status, as The International
Covenant for Civil and Political Rights signed at the United
Nations in 1966 does also apply-
There is a Breach of Article 27 of the 1966 Treaties.
7. You do have the House of Lords decision on the 6th May 2004
Kerr (App) Respondent
and
Department of Social Developments (Appellant) (Northern Ireland)
[2004] UKHL 23.
Since I have not made a claim with regards to my Son the Late
Mohamed Ismail Bhamjee,
Why do you directly or Indirectly Discriminate me against my
Religion Rights, Political Opinion and also the Rights given under
the Town and Country Planning [use Classes] Order 1987 NO 764 Class
B8 Storage, and Class B1 AND B2 Statutory Instrument 1995 No 297.
Whilst I do have Children, Grand Children and Relatives.
There is the Word "Associated Person"
8. There is the Legislative Reform Act 2006 where the Ministers are
required to reduce Burden on the Individual Citizens, but you are
creating unnecessary Stress, Distress and Inconvenience to me, my
Family, and also many other Citizens, whilst my request is in the
Public Interests.
One Man One Vote
A full history of my FOI request and all correspondence is
available on the Internet at this address:
https://www.whatdotheyknow.com/request/re_mahfooz_ahmed_respondent_and
Yours faithfully,
Ismail Abdulhai Bhamjee