Justices Clerk - Knowsley Borough
Paul of the Woods Family made this Freedom of Information request to Knowsley Metropolitan Borough Council This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Knowsley Metropolitan Borough Council,
Who is the Justices' Clerk for the Borough of Knowsley?
Can you tell me where in the Local Government Finance Act 1992 and/or the Council Tax (Administration and Enforcement) Regulations 1992, does it authorise a local authority to send out summonses on behalf of a lawfully convened court and on it's own headed notepaper?
Please note the ADMINISTRATION OF JUSTICE ACT 1970
Part V – Miscellaneous Provisions
"40 Punishment for unlawful harassment of debtors.
(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not."
Yours faithfully,
Paul of the Woods Family
Dear Paul
Thank you for your email received on 7 June 2013 requesting information about Justices Clerk.
I have recorded your request for information under reference F2013-06-1788.
This has been passed to the relevant service and you will receive a response by 5 July 2013, as required by law.
In line with guidance published by the Information Commissioner’s Office, the council may make a charge for the provision of information – for example in order to cover the costs of postage (in line with the relevant postal charges) or charges for printing and copying (which will reflect photocopying charges levied by the council’s public libraries).
You will be informed if a fee is to be applied before information is to be provided.
If you need further information please contact:
Linda Tancred
T: 0151 443 2976
E: [email address]
Kind regards
Dear Paul,
Freedom of Information request F2013.06.1788
We have looked into your request for information about Summonses, and our response is attached.
If you need further information please see contact details below.
Kind regards,
Linda
Linda Tancred
Customer Liaison Support Officer
6th Floor, Municipal Buildings,
Knowsley Metropolitan Borough Council
Archway Road,
Huyton,
L36 9UX
Tel: 0151 443 2976
Dear Freedom of Information,
Hi Linda,
Thanks for your response. I am aware of all of that information. But that does not answer the question I asked:
To remind you, I asked:
Can you tell me where in the Local Government Finance Act 1992 and/or the Council Tax (Administration and Enforcement) Regulations 1992, does it authorise a local authority to send out summonses on behalf of a lawfully convened court and on it's own headed notepaper?
After quoting the legislation that does not answer my question, you replied, "The billing authority then produces and serves the court summonses on behalf of the court."
What gives Knowsley Council authority to issue summonses on behalf of a court???
I am under the belief that only a court can issue summonses and no legislation anywhere gives someone who is NOT a court, the power to issues summonses on behalf of court, does it?
Yours sincerely,
Paul of the Woods Family
Dear Mr Woods
Thank you for your email received on 9 July 2013 requesting additional information about Justices Clerk.
I have recorded your request for information as a new FOI request under reference F2013.07.1882.
This has been passed to the relevant service and you will receive a response by 7 August 2013, as required by law.
In line with guidance published by the Information Commissioner’s Office, the council may make a charge for the provision of information – for example in order to cover the costs of postage (in line with the relevant postal charges) or charges for printing and copying (which will reflect photocopying charges levied by the council’s public libraries).
You will be informed if a fee is to be applied before information is to be provided.
If you need further information please contact:
Paula Skelhorn
Business Support Assistant
Customer Liaison Team
Knowsley Metropolitan Borough Council
7th Floor Huyton Municipal Building
Archway Road
Huyton
Knowsley
L36 9YU
Dear Mr Woods,
Freedom of Information request F2013-07-1882
We have looked into your request for information about Summonses, and our response is shown below.
1. Headed notepaper is used as a method of identifying the issuer of a document. As summonses are issued by Knowsley Metropolitan Borough Council, our headed notepaper is used. There is no statute that authorises (or prevents) a council preparing a summons on a court’s behalf. Under section 51 of the Magistrates’ Court Act 1980 (http://www.legislation.gov.uk/ukpga/1980...) , a person or organisation can apply to the Magistrates’ Court for a summons. If it is granted, it is customary that the person or organisation applying drafts their own summons. In the case of summonses for unpaid Council Tax due to Knowsley Borough Council, it is Knowsley Council who drafts the summons.
2. There is no statute which authorises a summons to be issued by the Local Authority. As previously explained, the summons is authorised by the court when the application is approved and endorsed by a Legal Adviser. We are advised by the court of the outcome of our application.
We print the summonses on headed paper to identify the document, as stated above. It is our legal duty to serve Council Tax summonses on the respondents as the applicant. Please refer to Rule 99 of the Magistrates’ Court Rules 1981.
If you need further information please see contact details below.
Kind regards,
Freedom of Information
Knowsley MBC
Archway Road
Huyton
Knowsley
Merseyside
L36 9UX
Dear Freedom of Information,
You said, "There is no statute that authorises (or prevents) a council preparing a summons on a court’s behalf."
So, by your interpretation, it would be legal for any person to issue their own court summons on behalf of a court?
Is this correct?
Yours sincerely,
Paul of the Woods Family
Dear Freedom of Information,
You said, "Under section 51 of the Magistrates’ Court Act 1980, if it (a summons)is granted, it is customary that the person or organisation applying drafts their own summons"
Sec 51 does not mention any custom, it confirms that a court issues summonses.
Yours sincerely,
Paul of the Woods Family
Dear Mr Woods
Thank you for your email received on 8 August 2013 requesting information about query re: Justice Clerk.
I have recorded your request for information under reference F2013.08.1987.
This has been passed to the relevant service and you will receive a response by 6 September 2013, as required by law.
In line with guidance published by the Information Commissioner’s Office, the council may make a charge for the provision of information – for example in order to cover the costs of postage (in line with the relevant postal charges) or charges for printing and copying (which will reflect photocopying charges levied by the council’s public libraries).
You will be informed if a fee is to be applied before information
Regards
Freedom of Information
Knowsley MBC
Archway Road
Huyton
Knowsley
Merseyside
L36 9UX
Dear Mr Woods
Thank you for your email received on 8 August 2013 requesting information about Query re: Section 51
I have recorded your request for information under reference F2013.08.1988.
This has been passed to the relevant service and you will receive a response by 6 September 2013 as required by law.
In line with guidance published by the Information Commissioner’s Office, the council may make a charge for the provision of information – for example in order to cover the costs of postage (in line with the relevant postal charges) or charges for printing and copying (which will reflect photocopying charges levied by the council’s public libraries).
You will be informed if a fee is to be applied before information
Regards
Freedom of Information
Knowsley MBC
Archway Road
Huyton
Knowsley
Merseyside
L36 9UX
Dear Mr Woods,
Freedom of Information request F2013-08-1987 and F2013.08.1988
Please accept my apologies for the delay in receiving your response. We have looked into your request for information about Justices Clerk, and our response is shown below.
You asked:
1. By your interpretation, it would be legal for any person to issue their own court summons on behalf of a court? Is this correct?
You also stated:
2. Section 51 (of the Magistrates’ Court Act 1980) does not mention any custom, it confirms that a court issues summonses.
In response to your question and statement, please see below:
1. We are not responsible for interpreting the legality of the actions of others. To be clear, as previously stated, the court authorises and issues the summons in respect of unpaid Council Tax. The Council, as the complainant, prints and serves the document on behalf of the court.
2. As stated above, the court does issue the summons. HM Courts & Tribunals Service advise that the process governing the issue of summonses is determined by the following pieces of legislation: the Magistrates Court Act 1980, Part 7 and Part 2 (rule 2.4) of the Criminal Procedure Rules, and the Justices’ Clerks Rules 2005.
If you need further information please see contact details below.
Kind regards,
Freedom of Information
Knowsley MBC
Archway Road
Huyton
Knowsley
Merseyside
L36 9UX
Dear Freedom of Information,
You said, "There is no statute that authorises (or prevents) a council preparing a summons on a court’s behalf."
Let me rephrase my request,
1. By your interpretation, it would be legal for THE COUNCIL to issue their own court summons on behalf of a court? Is this correct?
You also said, "The Council, as the complainant, prints and serves the document on behalf of the court."
As the 'document' the Council purports to be a summons is on KMBC letter headed notepaper and is printed and served by KMBC, would you not agree, that it is the Council who are actually 'issuing' the 'summons'?
Issue - The act or an instance of giving out.
None of the legislation you quote confirms that a local authority has the power to do so.
If what you are doing is legal, then what you are saying is that anyone who takes a person to court, can print and serve their own summonses. Is that correct?
Yours sincerely,
Paul of the Woods Family
Dear Mr Woods
Freedom of Information request
Thank you for your email received on 24 September 2013 requesting information about Justices Clerk
I have recorded your request for information under reference F2013.09.2193
This has been passed to the relevant service and you will receive a response by [insert deadline date], as required by law.
In line with guidance published by the Information Commissioner’s Office, the council may make a charge for the provision of information – for example in order to cover the costs of postage (in line with the relevant postal charges) or charges for printing and copying (which will reflect photocopying charges levied by the council’s public libraries).
You will be informed if a fee is to be applied before information is to be provided.
Yours sincerely
Freedom of Information
Knowsley MBC
Archway Road
Huyton
Knowsley
Merseyside
L36 9UX
Dear Mr Woods
Freedom of Information request F2013.09.2193.
We have looked into your request for and our response is shown below:
Your previously raised questions under the Freedom of Information Act related to summonses in respect of unpaid Council Tax. The questions raised have been responded to and no further information can be provided to you. Your request dated 24 September 2013 regarding the legality of summonses generally is a matter to be directed to HM Courts & Tribunals Service.
Yours sincerely
Freedom of Information
Knowsley MBC
Archway Road
Huyton
Knowsley
Merseyside
L36 9UX
Dear Freedom of Information,
Yes, very convenient, refuse to answer the question. Yet, you expect residents to answer ALL of the questions YOU ask them.
My request dated 24 September 2013 is NOT regarding the legality of summonses generally and is NOT a matter to be directed to HM Courts & Tribunals Service.
My request dated 24 September 2013 was asking YOU Knowsley Council for clarification of comments and interpretations of legislation that you have previously made.
To repeat, "Do KNOWSLEY COUNCIL believe it is perfectly legal for to issue their own court summons on their own letterheaded note paper, without a court stamp, on behalf of a court?
Yours sincerely,
Paul of the Woods Family
Dear Mr Woods
Freedom of Information request
Thank you for your email received on 23 October 2013 requesting information regarding Court Summons.
I have recorded your request for information under reference F2013.10.2302.
This has been passed to the relevant service and you will receive a response by 19 November 2013, as required by law.
In line with guidance published by the Information Commissioner’s Office, the council may make a charge for the provision of information – for example in order to cover the costs of postage (in line with the relevant postal charges) or charges for printing and copying (which will reflect photocopying charges levied by the council’s public libraries).
You will be informed if a fee is to be applied before information is to be provided.
Yours sincerely
Freedom of Information
Knowsley MBC
Archway Road
Huyton
Knowsley
Merseyside
L36 9UX
Margaret Mills left an annotation ()
It appears they don't know if this is legal or not - what happens if we all served orders on our own headed notepaper I'm sure the Clerk to the Justices wouldn't think this was legal KMBC is a law into themselves
Dear Mr Woods
Freedom of Information F2013.10.2308
Thank you for your recent request for information. Please accept my apologies for the delay in this response.
You asked:
- Do Knowsley Council believe it is perfectly legal for to issue their own court summons on their own letter-headed note paper, without a court stamp, on behalf of a court?
Please refer to the information included in the response issued to you on 18 September 2013 regarding this matter. I can confirm that there is nothing further to add to the information previously provided to you.
Yours sincerely
Freedom of Information
Knowsley MBC
Archway Road
Huyton
Knowsley
Merseyside
L36 9UX
Dear Freedom of Information,
A simple yes or no would have sufficed.
Is that possible, can you answer my question with a yes or no?
Yours sincerely,
Paul of the Woods Family
Dear Mr Woods
Thank you for taking the time to contact us.
We will give you a full response within 10 working days. If this is not possible, we will write to you within this time to explain why and let you know how long a full response will take.
If you need any further information please see contact details below.
For your information I have attached the link to the complaint procedure, if you do not have access please contact the customer liaison team for a paper copy.
http://www.knowsley.gov.uk/get-in-touch/...
yours sincerely
KMBC Complaints
Customer Liaison Team
6th Floor Huyton Municipal Building
Archway Road
Huyton
L36 9YU
Dear Mr Woods
Thank you for your email regarding the response to your Freedom of Information request. I note that you are not satisfied with the response and your email has, therefore, been forwarded for consideration under the council's complaints procedure.
I have reviewed the information provided to you in response to this and your earlier requests covering the same subject matter of court summonses. The information provided to you does address the questions you have asked. Although your latest email requests an opinion, the facts surrounding court summonses have already been supplied to you on a number of occasions and do not require supplementary opinion.
If you are still not satisfied, I am required to inform you that you can appeal against the decision by contacting the Information Commissioner. The Commissioner’s postal address is Wycliffe House, Water Lane, Wilmslow SK9 5AF. The telephone number for the Information Commissioner’s Office is 0303 123 1113 or 01625 545745. The e-mail address is: [email address]
Yours sincerely
KMBC Complaints
Customer Liaison Team
6th Floor Huyton Municipal Building
Archway Road
Huyton
L36 9YU
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Margaret Mills left an annotation ()
Ulrra Vires Paul