Dear Her Majesty’s Courts and the Tribunals Service,
who are the magistrates contracted to during a council tax hearing and a warrant of entry hearing? How does anyone have a fair trial with big lists submissions?
Albert of the Matthews family
Thank you for your e-mail below, 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
102 Petty France
020 3334 3555
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]
The Disclosure Team
Dear Mr Matthews,
Thank you for your e-mail, I am writing to advise you that the Ministry of Justice Data Access and Compliance Unit has considered your enquiry as not falling under the Freedom of Information regime and treated it as Official Correspondence. Your email has been passed to HM Courts & Tribunals Service Customer Investigations Team to respond.
I am sorry I am unable to provide an answer to your question. You may wish to seek independent advice on your situation if you have not already done so. Citizens Advice offer free, impartial advice or you could contact Civil Legal Advice on 0345 345 4345. Further information about the role of magistrates can be found at the address:
I am sorry I am unable to assist you any further.
Customer Investigations Officer | Customer Investigations Team
Dear HMCTS Customer Service (Correspondence),
Thank you for your replies, I notice the link to magistrates explainer, I take note of the appointment of magistrates, That when an oath is sworn?
Seen as it has been redirected I wonder will it be an independent reply.
Please include any info about the following action, How do enforcement agents get the authority from Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, if the liability hearings are non HMCTS hearing.
With regards to the complaints list, The Council Tax (Administration and Enforcement) Regulations 1992 states .... it is not to be treated as a sum adjudged to be paid by order of the court.
Could you explain why it is with a complaints list and liability orders follow without due process and what part of the process makes the above act sentence void?
Albert of the Matthews family
The Council Tax (Administration and Enforcement) Regulations 1992 set out the powers of the magistrates when considering an application by the Local Authority for a Liability Order. The Regulations can be viewed in full at the address http://www.legislation.gov.uk/uksi/1992/....
Magistrates and District Judge (Magistrates' Courts) take a judicial oath upon appointment to their role. They do not take an oath each time they sit in a judicial capacity. Justices' Clerks are statutorily appointed by The Courts Act 2003 and therefore do not take a judicial oath (http://www.judiciary.gov.uk/about-the-ju....
Charging orders: - The relevant legislation is Regulation 50 Council Tax (Administration and Enforcement Regulations) 1992 (http://www.legislation.gov.uk/uksi/1992/...) and Part 73 of the Civil Procedural Rules (http://www.justice.gov.uk/courts/procedu...).
I am not able to provide any additional help as HM Courts & Tribunals Service administrative staff are not legally qualified and we are not resourced to deal with complex enquiries about legal procedures. For this reason and in line with HMCTS’ procedures, we will not be replying again unless you raise new issues. This will also apply to any letters sent to named government officials such as the Prime Minister or the Ministry of Justice Data Access and Compliance Unit which are passed to this department for response.
C Worsley | HM Courts & Tribunals Service | Customer Investigations Team | Customer Directorate
6th Floor (6.02) | 102 Petty France | London | SW1H 9AJ
e-mail: [email address]