identification of magistrate's and claimants

angie of the elder family made this Freedom of Information request to Her Majesty's Courts and Tribunals Service

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 partially successful.

angie of the elder family

Dear Sir or Madam,

1) Please provide details i.e. names and qualifications of the three presiding magistrates in attendance at Carmarthen Magistrate's Courts, Guildhall Square Carmarthen. West Wales on the afternoon of 26th August 2009 hearing claims concerning council tax applications for liability orders from Carmarthenshire County Council

2) please identify by name the two representatives (one male, one female) from Carmarthenshire County council making the applications for liability orders at the above court on said afternoon

3) Is it lawful for the information in 1) and 2) to be withheld from the defendant and his/her authorised agents?

4)Is it lawfully for court officials to deny identification of a magistrate?

5) is withholding such information from the defendant an offence?

6) What penalties do such an offence carry

7) is it an offence for a magistrate to refuse a defendants agent, a copy of any order made

Please answer all requests in full

without ill will, frivolity or vexation

Angie of the elder family

Hadjigeorge, Gemma, Her Majesty's Courts and Tribunals Service

1 Attachment

Dear Madam,

Please find attached letter in regard to your recent Freedom of
Information request.

Yours sincerely,

Gemma Hadjigeorge

Gemma Hadjigeorge
Data Access and Compliance Unit
Ministry of Justice
102 Petty France
London
SW1H 9AJ

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angie of the elder family

Dear Hadjigeorge, Gemma,
you state in your response that, "Please note that questions 3 to 7 of your request will not be dealt with under the Freedom of Information Act 2000 (FOIA). This part of your request has been forwarded to the relevant business unit to answer and you will receive a response in due course.

Questions 1 and 2 will be handled under the FOIA. However, from our preliminary assessment it is clear that we will not be able to answer your request without further clarification. Under section 1(3) of the Freedom of Information Act (FOIA), a public authority need not comply with a request unless any further information reasonably required to locate the information is supplied.
You have asked for the ‘qualifications’ of the three presiding magistrates in attendance at Carmarthen Magistrate’s Court on the afternoon of 26th August 2009. I would be grateful if you could you clarify which qualifications you are requesting, for example, all academic qualifications, qualifications linked to their roles as magistrates etc.

Upon receipt of this information we will be in a position to continue with the processing of your request. "

Please provide all qualifications linked to their respective roles as magistrates, AND ALL academic qualifications achieved by each respectively and the levels attained

In sincerity and with honour

angie of the elder family

Hadjigeorge, Gemma, Her Majesty's Courts and Tribunals Service

Thank you for your email.

I no longer work at the Data Access and Compliance Unit. Please forward
any FOI correspondence to Kate Balding at the following email address:
[email address] / tel. no. 0203 334 5341.

Please note my inbox will not be monitored.

Thanks,
Gemma

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angie of the elder family

Dear Hadjigeorge, Gemma,

please forward this request to kate balding as her email address has been removed by whtadotheyknow and please confirm why there is a need to use private email addresses as opposed to dealing with this request in the public domain

In sincerity and honour,

angie of the elder family

angie of the elder family

Dear Kate Balding,
Plesae kindly assume responsibility for responding to this request as Gemma is no longer in a position to do so
In sincerity and honour,

angie of the elder family

angie of the elder 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 Her Majesty's Courts Service's handling of my FOI request 'identification of magistrate's and claimants'.

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

BY law they should have answered promptly and not later than 4th November , their response is long over due and having NOT given a legal reason for doing so they are now breaking the law.

,

angie of the elder family

Data Access & Compliance Unit, Her Majesty's Courts and Tribunals Service

This is an Auto Reply from the Data Access & Compliance Unit.

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If your message was a request for information please be advised that your
request is being dealt with and you will receive a written acknowledgement
shortly.

Data Access & Compliance Unit

Information Directorate

Ministry of Justice
6th Floor, Zone B, Postal Point 6.23
102 Petty France
London
SW1H 9AJ

Fax: 0203 334 2245

E-mail: [HMCS request email]

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Data Access & Compliance Unit, Her Majesty's Courts and Tribunals Service

Internal Review IR/62328/09

Data Access & Compliance Unit
Information Directorate
Zone 6 B
Post point 6.25
102 Petty France
London
SW1H 9AJ

T 020 3334 3237
F 020 3334 2245
E [HMCS request email]

www.justice.gov.uk

27-NOV-09 Our Ref:IR/62328/09

Dear Angie,

Thank you for your correspondence of November 22, 2009, in which you
asked for an Internal Review into handling of your request for
information with reference number FOI/61203 (Old reference).

Your request for an Internal Review is being handled in accordance with
the Freedom of Information Act 2000 and will be passed to the Unit that
will carry out this process.

You will be contacted separately by the person conducting the review but
in the meantime please do not hesitate to contact me if you have any
queries. Please quote Ref: IR/62328/09 in all future correspondence.

Yours sincerely,

Hannah Law
(Sent on behalf of Michael Evans)
Data Access and Compliance Unit

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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
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be read
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McKenzie, Ross,

2 Attachments

+---------------------------------------------------------------------------------------+
| |GllEM CYMRU |HMCS WALES | |
| | | | |
| |CYFARWYDDIAETH CYLLID |FINANCE DIRECTORATE | |
| | | | |
| |Tŷ Churchill |Churchill House | |
| | | | |
| |CAERDYDD |CARDIFF | |
| | | | |
| |CF10 2HH |CF10 2HH | |
| | | | |
| | | | |
| | | | |
| |Ffôn: 029 2067 8341 |Tel: 029 2067 8341 | |
| | | | |
| |Ffacs: 029 2067 8406 |Fax: 029 2067 8406 | |
| | | | |
| |www.gwasanaeth-llysoeddem.gov.uk |www.hmcourts-service.gov.uk | |
| | | | |
| | | | |
|-+------------------------------------------+------------------------------------------|
| |E-bost: |E-mail: |
| |[email address]|[email address]|
| | | |
|-+------------------------------------------+------------------------------------------|
| | | |
|-+------------------------------------------+------------------------------------------|
| |Ein cyf: IR62328 |Our ref: IR62328 |
| | | |
| |Eich cyf: |Your ref: |
+---------------------------------------------------------------------------------------+

15 December 2009

Angie of the Elder Family

Via e-mail: [1][FOI #17372 email]

Dear Angie

Freedom of Information Act 2000 (referred to as the Act from now) :
INTERNAL REVIEW

Thank you for your correspondence of 22 November 2009 in which you
requested an internal review regarding the handling of your information
request regarding the identification and qualification of Magistrates’.

In his of e-mail of 3 December Michael Evans found that we had not
received clarification of your request which was incorrect and for this I
apologise. This confusion was caused by a clerical error which has been
picked up.

I note in your original request that you have asked the following and
where possible, I have answered those questions alongside:

1. Details i.e. names and qualifications of the three presiding
Magistrates in attendance at Carmarthen Magistrates’ Courts,
Guildhall Square, Carmarthen, West Wales on the afternoon of 26^th
August 2009 hearing claims concerning council tax applications for
liability orders from Carmarthenshire County Council.

· I can confirm that the name of the Magistrates’ that heard
your case were Mr Davies, Mrs Evans and Mrs Hughes. Section 40(2) of the
Freedom of Information Act (FOIA) states that personal data relating to
third parties (i.e. a party other than the person requesting the
information) is exempt information if one of the conditions in Section
40(3) is satisfied. It is my view that disclosure of information relating
to Magistrates’ qualifications would breach one or more of the Data
Protection Principles in the Data Protection Act 1998 (DPA).

2. The names of the two representatives (one male, one female) from
Carmarthenshire County Council making the applications for liability
orders at the above court on the said afternoon.

· I can confirm that this information is not held as there is no
business need for us to record this information. Therefore, should you
require the names of the representatives from Carmarthenshire County
Council, you may wish to approach them directly to establish if they are
able to supply you with such information.

3. Whether it is lawful for the information in 1) and 2) to be withheld
from the defendant and his/her authorised agents.

· I can confirm that it is lawful to withhold the information in
questions 1 and 2 if the correct procedural processes are not followed.
Section 8 of the FOIA states that requests for information must be made in
writing and must state the name and address of the applicant. Therefore
should this process not be followed, we would be unable to supply any
information. Additionally, Section 40(2) of the FOIA states that personal
data relating to third parties (i.e. a party other than the person
requesting the information) is exempt information if one of the conditions
in Section 40(3) is satisfied. Therefore we would be unable to supply an
agent with any information as they are not party to the proceedings.

4. Whether it is lawful for court officials to deny identification of a
Magistrate.

· I can confirm that it is lawful for Court officials to deny
identification of a Magistrate. As stated, I information can be withheld
if the correct procedural requirements are not adhered to. Also, in the
interests of personal and public safety, Court officials will not identify
Magistrates’ at the Court location.

5. Whether withholding such information from the defendant is an offence.

· I can confirm that withholding such information is not a
criminal offence.

6. What penalties such an offence carries.

· As there is no criminal offence, there are no penalties.

7. Whether it is an offence for a Magistrate to refuse a defendant’s
agent, a copy of any order made.

· I can confirm that it is not an offence to refuse a
defendant’s agent a copy of any order made. As stated, Section 40(2) of
the FOIA states that personal data relating to third parties (i.e. a party
other than the person requesting the information) is exempt information if
one of the conditions in Section 40(3) is satisfied. Therefore we would be
unable to supply an agent with any information as they are not party to
the proceedings.

I hope that the information provides you with some assistance. However, if
you remain dissatisfied after this internal review decision, you have the
right to apply to the Information Commissioner’s Office under Section 50
of the FOIA. You can contact the Information Commissioner’s Office at
the following address:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Internet: [2]https://www.ico.gov.uk/Global/contact_us...

Yours faithfully

Ross Mckenzie

Rheolwr Ardal Cyllid

GLIEM Cymru, Ardal Canolbarth a Gorllewin /

Area Finance Manager

HMCS Wales, Mid and West Wales Area

This e-mail (and any attachment) is intended only for the attention of the
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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
monitored, recorded and retained by the Ministry of Justice. E-mail
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.

show quoted sections

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

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