Irregular procedure and eviction while Appeal hearing is pending

Waiting for an internal review by HM Courts and Tribunals Service of their handling of this request.

Dear Her Majesty’s Courts and the Tribunals Service,

Please provide me with the policies requested below or any documents you hold with regards to the below:

My house has been provided by Children Services when our family became homeless in 2012. In 2014, the children services attempted to remove us without providing alternative accommodation by making fraudulent submissions to the court. I am a disabled and I also requested assessment from Adult Social Services. It is clear that Newham Social services work collectively and Adult social workers provided false information to refuse me Community Care Assistance under National Assistance Act 1948 despite I am a disabled ads confirmed by medical reports. They say that they do not policies and legislations as it does not apply in reality.

In order to prevent me and my family from seeking a review and further justice, the Newham Council planned to evict me and my family including 3 children on Monday 10th November 2014 at 8am. The council filed repossession proceedings against me using the landlord’s name and I was given a possession order on 11th September 2014 by Bow County Court.

An eviction warrant was served to me on 29th September 2014 by post without a wet signature and court seal. This was issued without following correct guidelines. This was a way of bullying and institutional abuse towards children. Court deliberately caused substantial prejudice to us. We made a complaint against the judge DJ North but it was concluded that this should be dealt at an appeal. There was procedural irregularity.

I appealed the possession order and eviction warrant on 1st October 2014 to Central London County Court. That court did not issue my application for permission to appeal and held it. I corresponded by fax and was provided with letters indicating that appeal is pending and will be considered by a Circuit Judge. I applied for a Stay of the eviction pending a hearing in the appellant’s notice Section 9. I was constantly communicating to ask about suspension of warrant everyday but with no reply. I also applied for transcript of hearing of DJ North which they did not consider.
No circuit judge made a direction.
On 4th November 2014, I suddenly received an email from Bow County court asking me to file a N244 to suspend the eviction warrant due on 10th November. I filed the application on 5th November and asked for a hearing. The district judge Reeves refused the suspension of warrant within 10 minutes without a hearing. This was not the correct procedure.
On 6th November 2014, I went to Central London County court to appeal against that order and to ask what happened to my appeal I filed on 1st October 2014. I was told that my fee remission was refused by a manager. I was bullied and kept waiting for hours without having the opportunity to eat or drink something. I was asked to speak to a Judge. HHJ Saggerson talked to me and he did not allow me to speak. I am a disabled and lack capacity. He refused to suspend the warrant and told me that it was already pre-planned. He did not give me a written order despite there was a child’s letter asking for a hearing.

On 7th November 2014, I again went to the Court of Appeal to try to appeal HHJ Saggerson’s order. That court told me that they lack jurisdiction and there is no sealed order. I was informed that the jurisdiction lies in the High court. I went to the county court to ask for a sealed order. I was then provided with my sealed appellant’s notice dated 1st October 2014 and with a hearing notice. My appeal against the possession and eviction warrant will be heard on 14th November 2014. I was kept waiting until morning 10.30am until 5pm. I was bullied and harassed by different courts and including senior managers of the court. Senior people were targeting me to destroy me and my family by any means as I fight against injustice.

However, the Circuit judge Saggerson refused the suspension of the eviction and my family will be evicted on 10th November 2014 without following the lawful procedures.

In such circumstances, an eviction cannot proceed on Monday 10th November 2014 at 8am in line with the Overriding objective of the CPR or this will be an interference with the proper administration of justice. HHJ Saggerson’s order dated 6th November 2014 is invalid as it does not bear the court’s seal. It is nevertheless noted that the permission to appeal order dated 7th November 2014 is sealed and valid. The sealed appellant’s notice was also provided.

The Registry and Justice Davies indicated that the process Bow County Court are following is invalid and amounts to an abuse of process. They also noted that County court have acted in a timely manner to obstruct the course of justice by misusing your judicial positions. They cannot identify which scheme and CPR were followed. Justice Davis indicated that Court of Appeal Master’s directions were incorrect. He tried ot phone to the court of appeal and they do not pick up. The judge told me to go to the court of appeal and tell them. When I went, they were waiting for me with the same directions and said that they knew I was coming. I was bullied, victimised and harassed.

Our family will be faced with serious and irreparable damage. The damage can be a threat to our family’s life or an ill-treatment by Article 3 of the Convention. In some circumstances, it can apply to right to respect private and family life.

In this case, the children and our family will be street homeless and will not have the opportunity to be heard as we will be evicted on Monday 10th November. The simple fact that if there is a hearing on 14th November with regards to the eviction, how can we be evicted on 10th November?

This factual circumstance amount a flagrant denial of justice and a serious breach of Article 6 and 8 of the Convention. There is therefore a risk of irreparable damage as the fundamental rights of the applicants are at stake.

We understand that Bow county court may have some issues with our family as previously you assaulted the children during a past eviction and they attempted to enter the property forcefully and illegally by manhandling us and the children. As this matter is with the police for a thorough investigation, you are carrying out these actions in a conspiracy manner targeting us and to obstruct the police’s duties. They also confiscated evidences.
Therefore, this court is still subject to criminal investigations and as explained above. They are reluctant to proceed with those unlawful actions.

Please provide me with the policies with respect to:

1. What is your bullying policy towards litigants in person and disabled who lack capacity?
2. What is your policy in relation to victimisation of children?
3. What is your policy towards European Convention rights?
4. What is your suspension of eviction procedure while appeal hearing is pending?
5. Could you provide me with your treatment of clients’ policy for a litigation friend?
6. What is your policy in relation to litigants in person who do not have legal representation and who is a litigation friend for children and the access to duty judge (out of office hours)? I understand that currently only solicitors are allowed to speak to duty judge.
7. What is your discrimination policy in relation to out of hours’ contact of duty judge when things as above explained happens?
8. What are your duties owed towards children and disability discrimination policy?
9. What is your human rights and equality policy?

Yours faithfully,

ismail

Dear Her Majesty’s Courts and the Tribunals Service,

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 and the Tribunals Service's handling of my FOI request 'Irregular procedure and eviction while Appeal hearing is pending'.

Please find detailed circumstances and FOI request above

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

Yours faithfully,

ismail