Ombudsman’s Preliminary Investigation Report – Ref: 15-2489 (23 May 2016)

The request was partially successful.

fFaudwAtch UK (Account suspended)

Dear Judicial Appointments and Conduct Ombudsman,

At what level of seniority within the organisation is this Failure | Corruption | Maladministration | , known about?

Investigating Officers Report (JACO)
https://www.scribd.com/doc/313590100/Inv...

Conduct Ombudsman's Preliminary Investigation Report
https://www.scribd.com/doc/313585675/Pro...

Yours faithfully,

fFaudwAtch UK

headofoffice, Judicial Appointments and Conduct Ombudsman

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Rose, Nicholas, Judicial Appointments and Conduct Ombudsman

Mr Gilliatt
I assume that you are not expecting a substantive response to this abusive rhetoric?

Nick Rose
Investigating Officer
Judicial Appointments and Conduct Ombudsman
9th floor, The Tower, 102 Petty France, London SETH HAJJ
0203 334 2912
[email address]

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fFaudwAtch UK (Account suspended)

Dear Rose, Nicholas,

If this is a refusal please state which exemption you are applying.

Yours sincerely,

fFaudwAtch UK

Rose, Nicholas, Judicial Appointments and Conduct Ombudsman

What FoI question are you asking? The last email did not contain anything other than an insult. Please put your request in an intelligible form so that it can be addressed.

Nick Rose
Investigating Officer
Judicial Appointments and Conduct Ombudsman
9th floor, The Tower, 102 Petty France, London SW1H 9AJ
0203 334 2912
[email address]

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fFaudwAtch UK (Account suspended)

Dear Mr Rose,

Quite clearly the service offered by the Ombudsman functions in reality to protect staff within HMCTS when they are complained about. In the present case, the complaint relates to gross misconduct.

I intend with my FOI request to find out who is ultimately responsible.

Yours sincerely,

fFaudwAtch UK

Rose, Nicholas, Judicial Appointments and Conduct Ombudsman

Mr Gilliatt
You have identified no corruption. There is no 'corruption file' that I can interrogate to provide an answer, therefore I cannot respond to your question as it does not fit into the type of question that can be considered under an FoI request. You do not identify which officer you are referring to so I cannot provide his or her details. Your email correspondence is rather confused, if you are able to formulate a request that I can action then I would be happy to do so.

Nick Rose
Investigating Officer
Judicial Appointments and Conduct Ombudsman
9th floor, The Tower, 102 Petty France, London SW1H 9AJ
0203 334 2912
[email address]

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fFaudwAtch UK (Account suspended)

Dear Rose, Nicholas,

Who is the most senior person who knows about the case (and the outcome) which is referenced in my request.

Yours sincerely,

fFaudwAtch UK

Rose, Nicholas, Judicial Appointments and Conduct Ombudsman

Mr Gilliatt
Thank you for refining your request. As you will see from the PI Report the Ombudsman himself; the next senior person who had sight of the report would be the Head of Office at JACO and Senior Investigator, Mr Critchfield.

Nick Rose
Investigating Officer
Judicial Appointments and Conduct Ombudsman
9th floor, The Tower, 102 Petty France, London SW1H 9AJ
0203 334 2912
[email address]

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fFaudwAtch UK (Account suspended)

Dear Mr Rose,

Thank you for your response.

The Ombudsman then must have no boss. Can that be confirmed please. Can it also be confirmed whether the Ombudsman does in fact have a material input in producing the report. I ask because the Ombudsman's Preliminary Investigation reports I've seen appear generic, showing the signs of being based on a template document amended slightly to taylor the response as required. Consequently I presumed that the Ombudsman was just the public face of the organisation.

Yours sincerely,

fFaudwAtch UK

Rose, Nicholas, Judicial Appointments and Conduct Ombudsman

Mr Gilliatt
All decisions on complaints are made by the Ombudsman himself, he is independent but is appointed by the Lord Chancellor.

Nick Rose
Investigating Officer
Judicial Appointments and Conduct Ombudsman
9th floor, The Tower, 102 Petty France, London SW1H 9AJ
0203 334 2912
[email address]

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fFaudwAtch UK (Account suspended)

Dear Rose, Nicholas,

For the purposes of reporting a crime to Actionfraud for example, would it be the Ombudsman who should be named as being ultimately responsible or the lord chancellor?

I notice the current Ombudsman has been recently appointed and therefore the question arises whether the previous lord chancellor Chris Grayling may be the person responsible rather than Michael Gove.

Yours sincerely,

fFaudwAtch UK

Rose, Nicholas, Judicial Appointments and Conduct Ombudsman

Mr Gilliatt
The Ombudsman is ultimately responsible for any report he issues or decision he makes. On your second point, the Ombudsman was appointed by the current Lord Chancellor after an open competition which was run last year, he was appointed on 26 January 2016.

Nick Rose
Investigating Officer
Judicial Appointments and Conduct Ombudsman
9th floor, The Tower, 102 Petty France, London SW1H 9AJ
0203 334 2912
[email address]

show quoted sections

fFaudwAtch UK (Account suspended)

Dear Rose, Nicholas,

Please see the following quoted from the Judicial Conduct Ombudsman's Preliminary Investigation Report (23 May 2016)

https://www.scribd.com/doc/313585675/Pro...

"The fact that three letters did not reach you is surprising as they were properly addressed except for a minor error in the postcode which should not have prevented delivery. I do not consider that a finding of maladministration is possible for this error."
.........

"MY DECISION

4. I have not identified any issue arising in my preliminary investigation which could lead to a finding of maladministration. I consider that the error in the post code of the dismissal letter of 2 September 2015 should not have prevented it from being delivered, as the whole of the postal address was correctly set out, and if it was undelivered it should have been returned to the HAC for further action and re-issue. This minor error could not in itself amount to maladministration. I note that the HAC re-issued the dismissal letter on two further occasions but that there is no proof of postage as the letter was sent by standard post. It is unfortunate that the HAC did not email a copy to [fFaudwAtch UK] when it posted a copy of the letter, but again this omission could not amount to maladministration. I am content that [fFaudwAtch UK]’s complaint of 2 September 2014 was properly dismissed in accordance with disciplinary legislation and guidance. For these reasons I cannot accept this complaint for a full investigation "

I am not convinced that the Ombudsman would really be so naïve to believe that these letters were actually sent as opposed to either being produced (but never sent), or produced afterwards for the Ombudsman's investigation.

It's not just the three letters that were never sent; neither was the final case stated, which the Justices' Clerk who handled the complaint stated was sent. All the evidence points to these claims being fabricated and in the face of that evidence the Ombudsman has a duty to investigate accordingly.

To reinforce my claim regarding the statement being untrue, i.e., "that a case for the consideration of the Administrative Court and the final case has been sent"....;

Pursuant to the Criminal Procedure Rules 2015 - Part 35 (Appeal to the High Court by Case Stated) at 35.3, subparagraph 9 (Preparation of case stated);

[ http://tinyurl.com/jde4j7f ] "the court officer must serve the case stated on each party."

A copy therefore would have been sent to North East Lincolnshire Council, however, the council has confirmed that it has not been served the case:

https://www.whatdotheyknow.com/request/a...

Yours sincerely,

fFaudwAtch UK

Rose, Nicholas, Judicial Appointments and Conduct Ombudsman

Mr Gilliatt
Thank you for this, I am well aware of your opinion on the matter. The Ombudsman carried out a preliminary investigation but, as explained in his letter, could not identify failings which would amount to maladministration. As you know, there was very little evidence in the case but he was content that your original complaint had been properly dismissed.
Regards,

Nick Rose
Investigating Officer
Judicial Appointments and Conduct Ombudsman
9th floor, The Tower, 102 Petty France, London SW1H 9AJ
0203 334 2912
[email address]

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fFaudwAtch UK (Account suspended)

Dear Rose, Nicholas,

If the Ombudsman was unable to identify failings from the conclusive evidence then I suggest a replacement is found.

Yours sincerely,

fFaudwAtch UK

Neil Gilliatt (Account suspended) left an annotation ()

Coincidentally at Page 30 of the Judicial Appointments & Conduct Ombudsman – Annual Report 2015-16, there is another recorded instance of a complainant not receiving the Magistrates’ Advisory Committee’s letter dismissing the complaint.

https://www.gov.uk/government/uploads/sy...

"The Ombudsman understood that the complainant did not receive the AC’s letter dismissing his complaint, but he was content that the AC responded to the complainant’s query about progress, confirming that the matter had been dismissed and apologising that the letter had failed to reach him."

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