Fiduciary Duty

William:Sterling made this Freedom of Information request to Judicial Appointments Commission This request has been closed to new correspondence. Contact us if you think it should be reopened.

Judicial Appointments Commission did not have the information requested.

William:Sterling

Dear (Sir's) ,

A fiduciary duty is a legal or ethical relationship of confidence
or trust between two or more parties , most commonly a fiduciary or
trustee and a principal or beneficiary.

In a fiduciary relation one person justifiably reposes confidence,
good faith , reliance and trust in another whose aid, advice or protection is sought in some matter. In such a relation good conscience requires one to act at all times for the sole benefit and interests of another, with loyalty to those interests.

This is NOT happening in HMCS and a clear conflict of interest
prevail between ‘professionals’ within local authorities and the
families comprising of men/women/offspring(children)they claim to re-pre-sent to the state.

What information does your department hold about your fiduciary
duty and is this to the people. i.e. real men/women/their offspring(children) or to the Crown i.e. City of London.

yours Truly,

William:Sterling

Amis, Teresa \(JAC\),

I am writing further to your request for information below to query
whether it is intended for the Judicial Appointments Commission (JAC),
not least because of the reference to HMCS which is a separate
organisation. The JAC was formed in 2006 as an independent body which
selects candidates and recommends them to the Lord Chancellor for
appointment to Judicial posts. We have no further involvement in the
deployment or management of the successful individuals and our
relationship with HMCS is limited to understanding the numbers of
vacancies they will be seeking to fill.

If however you require any further information from the JAC please let
me know, but your letter suggests your query may be better directed to
HMCS or the Ministry of Justice.

Teresa Amis
Assistant Director, Business Services and Complaints
JAC

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William:Sterling

Dear Teresa ,

Yes this is for your department;
What information does your department hold about your fiduciary duty and is this to the people. i.e. real men/women/their offspring(children) or to the Crown i.e. City of London.

yours Truly,

William:Sterling

Amis, Teresa \(JAC\),

Dear Mr. Sterling,

Thank you for your email dated 28th October 2009 where you requested
information about our fiduciary duties. I am writing to advise that I have
consulted others but the information you have requested is not held by the
Judicial Appointments Commission. I cannot progress this request further
unless you are able to provide more information to clarify your request,
in line with s.16 of the Freedom of Information Act.

However, I can advise that we are not a Government Department but a
non-Departmental Public Body set up in 2006 under the Constitutional
Reform Act 2005 (CRA). We have statutory duties set out in the CRA and our
sole duty is to select and recommend individuals (to the Lord Chancellor)
for Judicial Office. We have no further involvement in their appointment,
deployment or conduct. Your original email refers to HMCS and I must
repeat that we are a completely separate body.

The general provisions in the CRA (sections 63 (2) and (3) and 64
(1) require the JAC to

o select individuals on merit
o not select anybody unless the selecting committee is satisfied they
are of good character
o have regard to the need to encourage diversity in the range of persons
available for selection.

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of this email and should be
addressed to

John Rodley

Director of Operational Services

Judicial Appointments Commission

Steel House

11 Tothill St

London SW1H 9LH

[1][email address]

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at

Information Commissioner's Office

Wycliffe House,

Water Lane

Wilmslow,

Cheshire

SK9 5AF

Yours sincerely

Teresa Anis

Assistant Director, Business Services

Judicial Appointments Commission

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