Parental Alienation

The request was refused by HM Courts and Tribunals Service.

Dear Her Majesty’s Courts and the Tribunals Service,

This is in regard to "Parental Alienation"

1) Is Parental Alienation in direct or indirect manner forms law in family court proceeding and/or children proceeding under children act 1989 ?

2) In last two year (Jan 2013 onwards) how many family court proceedings were either granted appeal or fresh application admitted based on parental alienation.

3) In last 5 years, how many cases where CAFCASS was directed to file report on wishes and feeling of child, parental alienation was recognised as a reason for child refusing to see /talk or live with non-resident parents.

4) Please give reference of cases in point 2 and 3 above.

Yours faithfully,

DS Sohanpal

Rafiq, Abid, HM Courts and Tribunals Service

1 Attachment

Dear Mr/Ms DS Sohanpal
 
 
Please find, attached, a letter acknowledging our receipt of your request
and explaining how it will be handled.
 
 
 
Thank you
 
 
 
Abid Rafiq
 
Higher Statistical Officer
Family Statistics
Justice Statistics Analytical Services
Ministry of Justice
7.05, 102 Petty France, London, SW1H 9AJ
 
 
 
 

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Rafiq, Abid, HM Courts and Tribunals Service

1 Attachment

Dear Mr/Ms DS Sohanpal
 
Please find attached a response to your recent enquiry to the Ministry of
Justice..
 
 
 
 
Thank you
 
 
Abid Rafiq
 
Higher Statistical Officer
Family Statistics
Justice Statistics Analytical Services
Ministry of Justice
7.05, 102 Petty France, London, SW1H 9AJ
 
 
 
 

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Dear Rafiq, Abid,

Thanks a lot for your response to my FOI. I appreciate that due to the cost reasons you are unable to provide the information.

Could you however give me references of up to 4 (Four) cases heard in the courts under private family matters where parental alienation was referenced and successfully decided in favour of the non-resident parent.

I would truly appreciate if you are able to provide any information as I am myself in the court fighting residence order for my child. The time is of essence in this matter.

Yours sincerely,

DS Sohanpal

Rafiq, Abid, HM Courts and Tribunals Service

Dear Mr/Ms DS Sohanpal

As you mentioned that time was of the essence I have not taken your email to be request for a new FOI request and will just take it as a follow up query to the existing FOI.

As outlined in my letter 'parental alienation' is not recorded on the central case management system and therefore there is no way to easily identify which cases had parental alienation referenced.

So to give you references of four cases heard in the courts under private family matters where parental alienation was referenced and successfully decided in favour of the non-resident parent, would still require us to through the case files manually. I do not have any idea of the number of cases it would require and it is likely that we would have to look at a large number of files before we met four files that met your criteria. In which case cost factors would again come into play.

Just to give you an idea of numbers, just in the period from 1 July 2014 to 30 June 2015, there were over 60,000 Private Law Childrens Act cases, where a final disposal was reached. There is no way of telling how many of these had 'parental alienation' mentioned.

As mentioned in my letter you are within your right to submit a revised FOI however to quote my letter " we cannot guarantee at this stage that a refined request will fall within the FOIA cost limit . There is also a chance that, if it is within the cost limit, one of the other exemptions in the FOIA will apply ".

I hope this helps.

Let me know if you do want your request to be treated as a new FOI or have a new revised FOI.

Thank you

Abid

Abid Rafiq
 
Higher Statistical Officer
Family Statistics
Justice Statistics Analytical Services
Ministry of Justice
7.05, 102 Petty France, London, SW1H 9AJ
 

show quoted sections

Dear Rafiq, Abid,

Thanks a lot for understanding and realising the importance of my FOI, I appreciate you limitations to provide the requested information.

As you have earlier stated that you are allowed to spend up to 3.5 days on one given FOI. May I kindly request you to accept my FOI to look through the private family cases to identify at least one case in 3.5 days.

I leave it to your discretion to accept or decline my FOI.

Once again many thanks for your cooperation.

Yours sincerely,

DS Sohanpal

Rafiq, Abid, HM Courts and Tribunals Service

Dear DS Sohanpal

I understand time is an issue here so I think in order for your requests to be more effective I should clarify my previous responses and the FOI process in order to help you.

Firstly you mention the 3.5 days given for FOIs. This is not an allowance to be spent on each FOI rather it is a criteria in determining whether we can answer an FOI or not. In other words if the request canon be answered within the cost limits given then we do have to answer any part of it. MoJ are not obliged to work up to £600. The FoIA only requires us to provide the recorded information held, subject to exemptions, such as costs etc.

Secondly as mentioned in my letter "we might be able to answer a refined request within the cost limit. You may wish to consider, for example, reducing the number of files to look at by limiting your request to a smaller area and/or a shorter time scale". You have responded asking to look for four (or at least one) files but we would not know how many files would need to be examined for that, and so cannot know whether it is over the cost limit or not. I believe the only alternative would be to restrict your search to a particular area or court and/or restrict the time frame e.g to a month or quarter for example. However, I still cannot guarantee at this stage whether a refined request will fall within the FOIA cost limit, or that one of the other exemptions may apply (for example data protection).

I hope this clarifies our position.

Your sincerely

Abid Rafiq

show quoted sections

Dear Rafiq, Abid,

Thanks for your email.

I would refine the FOI request. Could you please share with information about private family matter where parental alienation was used by non-resident parent in the most recent 100 cases and the matter was decided in favour of non-resident parent.

Please give case reference number and case details which (if) can be disclosed under data protection act.

Yours sincerely,

DS Sohanpal

Weston, Bob (Gloucester),

1 Attachment

Dear DS Sohanpal,
Please find attached an acknowledgement of your recent request.
 
Bob Weston
 
Data Quality Manager
 
HMCTS - Finance Directorate - Performance, Analysis and Reporting Team
 
Tel: 01452 334448 or 0203 3345511
 
E [1][email address]
 
1st Floor | Twyver House | Bruton Way | Gloucester | GL1 1PE
 
" I am not authorised to bind the Ministry of Justice contractually, nor
to make representation or other statements which may bind the Ministry of
Justice in any way via electronic means".
 
 

This e-mail (and any attachment) is intended only for the attention of
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Weston, Bob (Gloucester),

1 Attachment

Hello DS Sohanpal,
Please find attached a response to your recent request.  
 
Bob Weston
 
Data Quality Manager
 
HMCTS - Finance Directorate - Performance, Analysis and Reporting Team
 
Tel: 01452 334448 or 0203 3345511
 
E [1][email address]
 
1st Floor | Twyver House | Bruton Way | Gloucester | GL1 1PE
 
" I am not authorised to bind the Ministry of Justice contractually, nor
to make representation or other statements which may bind the Ministry of
Justice in any way via electronic means".
 
 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not 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
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Communications via the GSi may be automatically logged, monitored and/or
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Weston, Bob (Gloucester),

1 Attachment

Hello DS Sohanpal,
Please find attached a response to your recent request.  
 
Bob Weston
 
Data Quality Manager
 
HMCTS - Finance Directorate - Performance, Analysis and Reporting Team
 
Tel: 01452 334448 or 0203 3345511
 
E [1][email address]
 
1st Floor | Twyver House | Bruton Way | Gloucester | GL1 1PE
 
" I am not authorised to bind the Ministry of Justice contractually, nor
to make representation or other statements which may bind the Ministry of
Justice in any way via electronic means".
 
 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not 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
recorded for legal purposes.

References

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1. mailto:[email address]