Council Tax Liability Hearings

Waiting for an internal review by Ministry of Justice of their handling of this request.

Pat James (Account suspended)

Dear Ministry of Justice, why are Council Tax Liability Hearings not held in a "Court of Record" but in an unlawful "Administrative Court"

Yours faithfully,

Pat James

Data Access & Compliance Unit, Ministry of Justice

Dear Pat

Thank you for your e-mail, I am writing to advise you that your enquiry does not fall under the Freedom of Information regime and will be treated by the department as Official Correspondence.
 
It may be helpful if I explain that the Freedom of Information Act (2000) 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 Act states that in order for a request for information to be handled as a Freedom of Information (FOI) request, it must be for recorded information. For example, a Freedom of Information 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 Ministry of Justice receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.
 
Since you are asking why are Council Tax Liability Hearings not held in a "Court of Record" but in an unlawful "Administrative Court" this will be dealt with as Official Correspondence and you can expect a response from the appropriate area of the department.
 
If you do have any questions relating specifically to the Freedom of Information or Data Protection Act, please contact the Data Access and Compliance Unit at the following e-mail address: [email address].

Many Thanks

Laura  

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Pat James (Account suspended)

Dear Data Access & Compliance Unit, Please explain your rationale in inferring that my request does not fall within FOIA 2000, as it is recorded information I am requesting, which will explain this anomaly in law and the flawed nature of the current legislation. I am asking what the Law (common law) has to say on this subject.

Yours sincerely,

Pat James

Data Access & Compliance Unit, Ministry of Justice

Dear Pat,

Thank you for your email.

As previously explained this does not fall with the remit of a FOI request because you are not asking for recorded information, you are asking us to clarify something.

You will receive a response from the correct department in due course.

Many Thanks

Laura

Laura Watson| Business Manager | Communication and Information Directorate | Ministry of Justice 10.34, 102 Petty France, London, SW1H 9AJ | www.justice.gov.uk  | @MoJGovUK | @MoJPress

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Pat James (Account suspended)

Dear Data Access & Compliance Unit, despite your latest reply, you have failed to explain why, in your opinion, mt FOI request does not fall within the FOIA 2000. I fear you have constructed a circular argument, in that it doesn't comply because you say it doesn't comply.

Yours sincerely,

Pat James

Mark Ritchie left an annotation ()

The MOJ are a law unto themselves Pat and they will do whatever they can to hide the facts from Joe public. Totally dishonest and these are the ones in charge of our so called justice system.

Pat James (Account suspended)

Dear Ministry of Justice,

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

I am writing to request an internal review of Ministry of Justice's handling of my FOI request 'Council Tax Liability Hearings'.

You have failed to answer my request on the spurious grounds that it is not a request for recorded information when it patently is. Again, this is just another ploy by MoJ to avoid answering questions.

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

Yours faithfully,

Pat James

Grabazs, Caroline,

 

Dear Pat James,

 

The MoJ Data Access and Compliance Unit have passed your enquiry: " why
are Council Tax Liability Hearings not held in a "Court of Record" but in
an unlawful "Administrative Court" to this Directorate to reply as
official correspondence.

 

šApplications for council tax liability orders are heard in magistrates'
courts, which are lawful courts of record as provided by section 148
Magistrates' Courts Act 1980 and section 9 Courts Act 2003.š

The Administrative Court is a specialist court forming part of the High
Court (which is a superior court of record), dealing with public and
administrative law cases. Among other things it deals with appeals on
points of law from magistrates' courts so will occasionally review
decisions of magistrates' courts to issue liability orders.

 

Neither of these courts conduct administrative hearings; they conduct
court hearings in public.

All the legislation cited is readily accessible on line at
[1]www.legislation.gov.uk and in public libraries.

 

 

Chris Holding| HMCTS Courts and Tribunals Development Directorate|
Ministry of Justice | Creating a safe, just and democratic society

 

 

 

Caroline Grabazs

Jurisdictional & Operational Support Assistant (Crime) │Her Majesty’s
Courts & Tribunals Service │Courts and Tribunals Development Directorate |
2nd Floor, 102 Petty France, London SWIH 9AJ DX152380 Westminster 8

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
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monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

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Communications via the GSi may be automatically logged, monitored and/or
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Pat James (Account suspended)

Dear Grabazs, Caroline, If Council Tax Hearings are held by a court of record why the are no records available of such hearings. A less misleading explanation would be more appropriate.

Yours sincerely,

Pat James

Pat James (Account suspended)

Dear Ministry of Justice,

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

I am writing to request an internal review of Ministry of Justice's handling of my FOI request 'Council Tax Liability Hearings'.

The response given thus far is misleading and at variance with the truth.

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

Yours faithfully,

Pat James

Pat James (Account suspended)

Dear Grabazs, Caroline, I still await the findings of your review.

Yours sincerely,

Pat James

Grabazs, Caroline,

Receipt acknowledged.

Caroline Grabazs
Jurisdictional & Operational Support Assistant (Crime) │Her Majesty’s Courts & Tribunals Service │Courts and Tribunals Development Directorate | 2nd Floor, 102 Petty France, London SWIH 9AJ DX152380 Westminster 8
| [email address]  | http://www.hmcourts-service.gov.uk/ 

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Pat James (Account suspended)

Dear Grabazs, Caroline, I still await the conclusion of your review.

Yours sincerely,

Pat James

Grabazs, Caroline,

Receipt acknowledged.

Caroline Grabazs
Jurisdictional & Operational Support Assistant (Crime) │Her Majesty’s Courts & Tribunals Service │Courts and Tribunals Development Directorate | 2nd Floor, 102 Petty France, London SWIH 9AJ DX152380 Westminster 8
Tel: 02033346292 | [email address]  | http://www.hmcourts-service.gov.uk/ 
For HMCTS staff: http://libra.lcd.gsi.gov.uk/hmcts/headqu...

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Mark Ritchie left an annotation ()

Scumbags

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