Fiduciary Duty

William:Sterling (Account suspended) made this Freedom of Information request to Information Commissioner’s Office

Information Commissioner’s Office did not have the information requested.

From: William:Sterling (Account suspended)

11 November 2009

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

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Information Commissioner’s Office

11 November 2009

Link: [1]File-List

11th November 2009

Case Reference Number IRQ0278308

Dear Mr Sterling

 

Request for Information

Thank you for your e-mail of 11 November 2009, in which you have asked us
to provide you with information relating to our fiduciary duty.

Your request has been passed to the Internal Compliance Team, and is being
dealt with in accordance with the Freedom of Information Act 2000 under
the reference number shown above.  We will therefore respond to your
request by 9 December 2009, which is 20 working days from the day after we
received your request.

If you wish to add further information or evidence to your case please
reply to this email, being careful not to amend the information in the
‘subject’ field. This will ensure that the information is added
directly to your case. However, please be aware that this is an automated
process; the information will not be read by a member of our staff until
your case is allocated to a request handler.

Yours sincerely

Antonia Swann

Assistant Internal Compliance Manager

Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Tel: 01625 545894

[2]www.ico.gov.uk

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. file:///tmp/radFFCEF_files/filelist.xml
2. http://www.ico.gov.uk/

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Information Commissioner’s Office

20 November 2009


Attachment ICOReviewProcedure V7.doc
147K Download View as HTML


Link: [1]File-List

20th November 2009

Case Reference Number IRQ0278308

Dear Mr Sterling

I write with reference to your request for information dated 11 November
2009 concerning our fiduciary duty.  As you are aware we have dealt with
your request under the terms of the Freedom of Information Act 2000 and we
are now in a position to respond.

I can inform you that the Information Commissioner Office does not hold
any recorded information that falls within the scope of your request.  
This is because the Information Commissioner and therefore his staff do
not have a fiduciary duty. The legal dictionary of fiduciary which stems
from old case law explains that “The fiduciary relation does not depend
upon any particular circumstances. It exists in almost every shape. It
exists, of course in the case of trustee and trust, in the case of
guardian and ward, of parent and child and of solicitor and client.’
This is from Plowright v Lambert (1885).  However, all of our duties are
statutory duties and are set out in the legislation we regulate.

All of the Commissioner statutory duties are set out in the legislation
which can be found:

Data Protection Act 1998

[2]http://www.opsi.gov.uk/acts/acts1998/ukp...

Freedom of Information Act 2000

[3]http://www.opsi.gov.uk/acts/acts2000/ukp...

At end of the e-mail it would appear that you are seeking information as
to how we treat individuals who contact the office. It may be helpful to
explain that we comply with the legislation that we regulate together with
other legislation that a public sector body would have to comply with such
as Human Rights and Equal Treatment legislation. We also have a
complaints procedure

[4]http://www.ico.gov.uk/complaints/satisfi...

Furthermore, our decisions can be subject to judicial review.

I hope this information is helpful.  However If you are dissatisfied with
the response you have received and wish to request a review of our
decision or make a complaint about how your request has been handled you
should write to the Internal Compliance Team at the address below or
e-mail [5][email address]

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request
received after this time will only be considered at the discretion of the
Commissioner.

If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please write
to the Case Reception Team, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of Information
Act or Environmental Information Regulations complaint online.

 

A copy of our review procedure is attached.

Yours sincerely

Charlotte Powell

Internal Compliance Manager

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. file:///tmp/rad94833_files/filelist.xml
2. http://www.opsi.gov.uk/acts/acts1998/ukp...
3. http://www.opsi.gov.uk/acts/acts2000/ukp...
4. http://www.ico.gov.uk/complaints/satisfi...
5. mailto:[email address]

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