Kevin Sadler Chief Executive HMCTS.
Dear Mr Kevin Sadler Chief Executive HMCTS.
I am writing to make a formal request under the Freedom of Information Act 2000 for information held by HM Courts and Tribunals Service (HMCTS).
I am seeking information regarding the implementation of directives issued by reputable organizations, particularly focusing on the 'deprescription of liability orders' directive issued in 2003. Specifically, I am interested in understanding the reasons for the non-implementation of this directive since its issuance in 2003 and the reminder in 2011 and most recently in 2023 through the Justice’s Clerk Society paper titled Procedures in Liability Order Applications, and any actions taken or planned to address this matter.
As the Chief Executive of HMCTS, I would like to remind you that you have ultimate responsibility for overseeing legal operations and ensuring compliance with directives. Additionally, I acknowledge the authority of the executive board of the Justice Clerk Society (JCS) in directing legal advisers and the compliance responsibilities of legal managers, as authorized by the Lady Chief Justice.
Confirmed by FOI Request - 240123021...The executive board of JCS, comprising the six heads of legal operations and the head of legal and professional services, are authorised by the Lady Chief Justice to direct legal advisers as to the legal advice they give magistrates and when exercising judicial functions. Legal managers are responsible for compliance
FOI request 240202013 ...the immediate responsibility for the line management of legal operations staff is shared between seven Heads of Legal Operations across England and Wales who oversee their respective regions and the Deputy Director of Legal Operations at HMCTS HQ. The Chief Executive of HMCTS has overall responsibility.
Furthermore, I have become aware of internal emails dated 16/2/2023 and 30/06/2023 from the Head of Legal and Professional Services | Secretary, JC Service to the internal intranet of HMCTS, confirming the 2023 JCS paper titles "Procedure in liability order Application" under the direction of the Lady Chief Justice to be implemented by HMCTS legal managers and Legal Advisors.
Therefore, I kindly request the following information:
1. Any documentation, correspondence, or records related to the deprescription of liability orders directive issued in 2003, again in 2011 and most recently in 2023, including but not limited to discussions, decisions, considerations, and assessments of its implementation within HMCTS.
2. Any internal or external factors identified as contributing to the non-implementation of the deprescription of liability orders directive since 2003.
3. Details of any actions taken or planned by HMCTS to address the non-implementation of the deprescription of liability orders directive and ensure compliance with relevant laws and procedures.
I understand that some of this information may be sensitive or confidential. I am happy to provide an email address if required. However, I believe that disclosure of this information is in the public interest as it pertains to the accountability and transparency of HMCTS operations.
Thank you for your attention to this matter. I look forward to your prompt response.
Yours sincerely,
Yours faithfully,
Paul BARNS
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Dear HM Courts and Tribunals Service,
I kindly remind you that I am awaiting a reply to the FOI request, the allocated time has passed
Yours faithfully,
Paul BARNS
OFFICIAL
Mr Barnes,
Please see a response to the above FOI requests. A single response has been made which covers both requests.
Thanks
Legal Operations Team
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