Common Law vs Statute Law and its application following the Badman Report

Jay: of the Taylor family made this Freedom of Information request to Department for Children, Schools and Families

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

The request was refused by Department for Children, Schools and Families.

Jay: of the Taylor family

Dear Sir or Madam,

Please confirm that you understand the difference between Common Law and Statute Law, and confirm or disprove my assertion that any new legislation which is introduced following the Report to the Secretary of State on the Review of Elective Home Education in England by Graham Badman is only applicable if GIVEN THE FORCE OF LAW by consent, in this case by the families/parents/guardians of the Home Educated children concerned.

Yours faithfully,

Jay: of the Taylor family

Department for Children, Schools and Families

Dear Mr/Ms Taylor,

Thank you for your recent email. A reply will be sent to you as soon as
possible (where a response is required). For information, the
departmental standard for correspondence received is that responses
should be sent within 15 working days or 20 working days if you are
requesting information under the Freedom of Information Act 2000.

Your correspondence has been allocated the reference number 2009/0057722

Thank you.

Central Allocation Team

Public Communications Team

Tel: 0870 0002288
www.dcsf.gov.uk

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Department for Children, Schools and Families

Dear Mr/Ms Taylor,
Thank you for your email dated 24 June 2009 about Home Education.
The proposals for the changes are currently subject to a full
public consultation. If Ministers decide to proceed, they will put
forward legislation before Parliament.

It will be a matter for Parliament to decide whether the law should be
changed.

Yours sincerely,

Sue Thomson
Independent Schools
[email address]
[1]www.dcsf.gov.uk

Your correspondence has been allocated the reference number 2009/0057722.

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Communications via the GSi may be automatically logged, monitored and/or
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References

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Jay: of the Taylor family

Dear Sir or Madam,

With all due respect, you have not responded in substance to my questions. Could you please reconsider my request and respond in substance?

Yours faithfully,

Jay: of the Taylor family

Department for Children, Schools and Families

Dear Mr/Ms Taylor,
Thank you for your email dated14 July about Home Education.
I have nothing more to add to my previous reply.

Yours sincerely,

Sue Thomson
Independent Schools
[1]www.dcsf.gov.uk

Your correspondence has been allocated the reference number 2009/0063558.

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Communications via the GSi may be automatically logged, monitored and/or
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References

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Jay: of the Taylor family

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Children, Schools and Families's handling of my FOI request 'Common Law vs Statute Law and its application following the Badman Report'.

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

I find it entirely unacceptable that DCSF staff are either unwilling or unable to confirm that any new legislation passed following the Badman Report (or indeed, any existing legislation) will only carry the force of law with the CONSENT of the families to whom it supposedly applies. If a family or individual withhold consent to be governed by any Act or Statute, it is unenforceable at Law. I can understand why DCSF might feel uncomfortable confirming that they are well aware of this lawful FACT in the public domain, but the public at large and the home educating population in particular have a right to know that government departments such as DCSF understand the laws of this land, and that they have the RIGHT under common law to refuse to consent to legislation if it appears unreasonable to them.

I would therefore request that you answer my question in substance, in accordance with your honourable duty to the public as public servants.

Yours faithfully,

Jay: of the Taylor family

Department for Children, Schools and Families

Dear Mr/Ms Taylor,
Thank you for your email dated 4 August 2009, I apologise for the delay in
replying.

In your email you request an internal review of the handling of your FOI
request 'Common Law vs Statute Law and its application following the
Badman Report'.

As your initial request was not seeking access to recorded information, it
was not treated as a FOI request. The internal review process does not
therefore apply.

As we have already told you, Parliament decide whether the law should be
changed.
Yours sincerely,

Jill Clark
Independent Schools
[email address]
[1]www.dcsf.gov.uk

Your correspondence has been allocated the reference number 2009/0069594.

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.dcsf.gov.uk/