Re HMCTS failure to allocate to track

The request was successful.

Dear Her Majesty’s Courts and the Tribunals Service,

If a County Court, in the processing of an entirely normal Claim , in dereliction of its duties fails to allocate a Case to a track before a Hearing what redress does a party have if it is disadvantaged by the failure (e.g. track dependant CPRs are not available ed.g. 27.14)

Yours faithfully,

Michael Piesse

HMCTS Customer Service (Correspondence),

Your enquiry has not been processed as a Freedom of Information request as the information you have requested is already published elsewhere.

HM Courts & Tribunals Service operates a staged administrative complaints process. This allows the court or tribunal where the problem has occurred to investigate and put things right. If you wish to complain about the administrative handling of your case you can send details of your complaint to the relevant County Court. The court will fully investigate your concerns and reply. They will also provide you with details of how you can escalate your complaint to the next stage should you remain dissatisfied.

Further information about the administrative complaints process can be found on the Ministry of Justice website at the address: http://www.justice.gov.uk/complaints/hm-....

Christine Worsley | HM Courts & Tribunals Service | Communications and Customer Service Team
1st Floor (1.10)  |  102 Petty France |  London |  SW1H 9AJ
 e-mail: ComplaintsCorres&[email address]

From: Michael Piesse [mailto:[FOI #252143 email]]
Sent: 04 February 2015 22:01
To: Data Access & Compliance Unit
Subject: Freedom of Information request - Re HMCTS failure to allocate to track

Dear Her Majesty’s Courts and the Tribunals Service,

If a County Court, in the processing of an entirely normal Claim , in dereliction of its duties fails to allocate a Case to a track before a Hearing what redress does a party have if it is disadvantaged by the failure (e.g. track dependant CPRs are not available ed.g. 27.14)

Yours faithfully,

Michael Piesse

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Dear HMCTS Customer Service (Correspondence),

thank you for your reply "Your enquiry has not been processed as a Freedom of Information request as the information you have requested is already published elsewhere."

As I believe that not to be so may I ask quite where I will find the information relating to

"what redress does a party have if it is disadvantaged by the failure (e.g. track dependant CPRs are not available ed.g. 27.14)"

Yours sincerely,

Michael Piesse

Helen Borodzicz left an annotation ()

Michael, allocation to track is ultimately a matter for a judge.
Court staff can allocate initially (to the small claims track) but a judge may re-allocate.
A judge's allocation to track is a matter of judicial discretion and very difficult to appeal.

Dear HMCTS Customer Service (Correspondence), !!!

Thank you for your further comment

"Court staff CAN allocate initially (to the small claims track)"

but I cannot identify ANY authority (CPR, internal procedure manual etc) that authorises this - let alone the relevant conditions

I am dealing with a matter that has undergone a hearing, an Appeal, a subsequent re-Appeal and now facing the Court of Appeal

I do however take some comfort from

Voice & Script International Ltd v Alfhafar [2003] EWCA Civ 736 and

O’Beirne v Hudson [2010] EWCA Civ 52. 14
- provided the Judge's are able to understand/apply that

- which has not happened to date - leaving me with a momentous Order for costs !!!

Thank you M

Yours sincerely,

Michael Piesse

HMCTS Customer Service (Correspondence),

There are mechanisms by which an individual can seek recourse, should they feel that their case has not been handled correctly. If someone disagrees with the outcome of their case then they can appeal a decision through the prescribed appeal route.

Any complaint about the personal conduct of a judge sitting in the County Court should be made to the Judicial Conduct Investigations Office (JCIO). More information about how to complain on the JCIO’s website at the address: http://judicialconduct.judiciary.gov.uk,

HMCTS operates a staged administrative complaints process. This allows the court or tribunal where the problem has occurred to investigate and put things right. Further information about the administrative complaints process can be found on the Ministry of Justice website at the address: http://www.justice.gov.uk/complaints/hm-....

You may wish to seek independent advice about your position. Any Citizens Advice Bureau provides free, confidential and impartial advice on a range of matters. You could also contact Civil Legal Advice on their telephone helpline on 0845 345 4345 or find more about the service they provide at www.gov.uk/civil-legal-advice.

I am sorry I cannot offer further assistance.

Christine Worsley | HM Courts & Tribunals Service | Communications and Customer Service Team
1st Floor (1.10)  |  102 Petty France |  London |  SW1H 9AJ
 e-mail: ComplaintsCorres&[email address]

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HMCTS Customer Service (Correspondence),

Dear Mr Piesse

Thank you for your further email of 11 February.

Administrative staff are not legally trained and cannot, therefore, offer legal advice. If you have not already done so, you may wish to seek independent advice about your options. Any Citizens Advice Bureau provides free, confidential and impartial advice on a range of matters. You could also contact Civil Legal Advice on their telephone helpline on 0845 345 4345 or find more about the service they provide at www.gov.uk/civil-legal-advice.

I explained in my previous email how to raise a complaint if you are unhappy with the administrative handling of your case and I am sorry I am unable to assist you further.

Christine Worsley | HM Courts & Tribunals Service | Communications and Customer Service Team
1st Floor (1.10)  |  102 Petty France |  London |  SW1H 9AJ
 e-mail: ComplaintsCorres&[email address]

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Dear HMCTS Customer Service (Correspondence),

Thank you - you did indicate how to raise a complaint - which I had, in fact done (quite some time ago, but have received NOTHING in reply

Having been good enough to advise on the "how" may I ask additionally you also advise as to how I can access the HMCTS internal procedure for the handling of complaints, please?

Yours sincerely,

Michael Piesse

HMCTS Customer Service (Correspondence),

1 Attachment

Dear Mr Piesse

Thank you for your further email of 13 February.

I attach leaflet EX343 which explains the complaints procedure.

Christine Worsley | HM Courts & Tribunals Service | Communications and Customer Service Team
1st Floor (1.10)  |  102 Petty France |  London |  SW1H 9AJ
 e-mail: ComplaintsCorres&[email address]

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Dear HMCTS Customer Service (Correspondence),

re "Having been good enough to advise on the "how" may I ask
additionally you also advise as to how I can access the HMCTS
internal procedure for the handling of complaints, please?"

"Having been good enough to advise on the "how" = your Customer leaflet

In "the HMCTS internal procedure for the handling of complaints" the wording "internal procedure" - means the 'non-client addressed procedure for the handling of a complaint AFTER receipt, please - i.e.what actions/under what circumstances do YOU apply to progress a complaint through YOUR system, please?

Yours sincerely,

Michael Piesse

HMCTS Customer Service (Correspondence),

Dear Mr Piesse

Thank you for your further enquiry.

HMCTS operates a three stage administrative complaints process. The first stage is addressed by the court or tribunal where the problem has occurred. This allows them to investigate and put things right.

If this does not provide satisfaction a senior manager at the court or tribunal can review the complaint.

If the complaint is still not resolved it can be escalated to the final or appeal stage where it will be examined by the communications and customer service team.

Further information about the administrative complaints process can be found on the Ministry of Justice website at the address: http://www.justice.gov.uk/complaints/hm-....

Christine Worsley | HM Courts & Tribunals Service | Communications and Customer Service Team
1st Floor (1.10)  |  102 Petty France |  London |  SW1H 9AJ
 e-mail: ComplaintsCorres&[email address]

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Dear HMCTS Customer Service (Correspondence),

Your response does NOT address my enquiry

" i.e.what actions/under what circumstances do YOU apply to progress a complaint through YOUR system, please?"

I do not look for a one-line overview - what I need is access to the DETAILED, STEP-BY-STEP instruction/procedure manual that is to be followed by your staff (including such things, presumably, as logging each specific action, acknowledging receipt, passing to a Judge etc)

Yours sincerely,

Michael Piesse

HMCTS Customer Service (Correspondence),

2 Attachments



Freedom of Information Request

Our Reference: FOI-96063

Dear Mr Piesse,

 

Thank you for your email of 17 February, in which you asked for the
following information from the Ministry of Justice (MoJ):

 

"i.e. what actions/under what circumstances do YOU apply to progress a
complaint through YOUR system, please?"

I do not look for a one-line overview - what I need is access to  the
DETAILED, STEP-BY-STEP instruction/procedure manual that is to be followed
by your staff (including such things, presumably, as logging each specific
action, acknowledging receipt, passing to a Judge etc)”

 

Your request has been passed to me because I have responsibility for
answering requests relating to Freedom of Information on behalf of the MoJ
and HM Courts & Tribunals Service (HMCTS). I will be responsible for
responding to the request for information about HMCTS' complaint handling
guide.

 

Your request is being handled under the Freedom of Information Act 2000
(FOIA).

 

Under the Act, the department is required to provide you with a response
within 20 working days. I will write to you in response to your request
for information by 17 March 2015.

 

The Freedom of Information Act includes a number of exemptions to
releasing information.  Some of these are qualified exemptions which
require us to consider whether it is in the public interest to disclose or
withhold the information.  In these circumstances we may need more time to
consider your request, and if this is the case I will write to you by the
date above to inform you of when you can expect to receive a
response.     

If you have any queries regarding this request please do not hesitate to
contact me, quoting ref: FOI-96063 in all future correspondence.
 ​​

Yours sincerely,

  

Anisul Haque

HM Courts & Tribunals Service | Communications and Customer Service Team
1.10, First Floor, 102 Petty France, London SW1H 9AJ | DX 152380
Westminster 8 | ü Avoid. Reduce. Re-use. Recycle. Do you really need to
print this?

 

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HMCTS Customer Service (Correspondence),

HMCTS Customer Service (Correspondence) would like to recall the message, "Freedom of Information request - Re HMCTS failure to allocate to track".

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HMCTS Customer Service (Correspondence),



Freedom of Information Request

Our Reference: FOI-96063

Dear Mr Piesse,

 

Thank you for your email of 17 February, in which you asked for the
following information from the Ministry of Justice (MoJ):

 

"i.e. what actions/under what circumstances do YOU apply to progress a
complaint through YOUR system, please?"

I do not look for a one-line overview - what I need is access to  the
DETAILED, STEP-BY-STEP instruction/procedure manual that is to be followed
by your staff (including such things, presumably, as logging each specific
action, acknowledging receipt, passing to a Judge etc)”

 

Your request has been passed to me because I have responsibility for
answering requests relating to Freedom of Information on behalf of the MoJ
and HM Courts & Tribunals Service (HMCTS). I will be responsible for
responding to the request for information about HMCTS' complaint handling
guide.

 

Your request is being handled under the Freedom of Information Act 2000
(FOIA).

 

Under the Act, the department is required to provide you with a response
within 20 working days. I will write to you in response to your request
for information by 17 March 2015.

 

The Freedom of Information Act includes a number of exemptions to
releasing information.  Some of these are qualified exemptions which
require us to consider whether it is in the public interest to disclose or
withhold the information.  In these circumstances we may need more time to
consider your request, and if this is the case I will write to you by the
date above to inform you of when you can expect to receive a
response.     

If you have any queries regarding this request please do not hesitate to
contact me, quoting ref: FOI-96063 in all future correspondence.
 ​​

Yours sincerely,

  

Anisul Haque

HM Courts & Tribunals Service | Communications and Customer Service Team
1.10, First Floor, 102 Petty France, London SW1H 9AJ | DX 152380
Westminster 8 | ü Avoid. Reduce. Re-use. Recycle. Do you really need to
print this?

 

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HMCTS Customer Service (Correspondence),

2 Attachments


Dear Mr Piesse,
 
Further to my email below, please find attached my formal response to your
request for information under the FOIA.
 
Yours sincerely

Anisul Haque | HM Courts & Tribunals Service | Communications and Customer
Service Team 
1.37, First Floor, 102 Petty France, London SW1H 9AJ | DX 152380
Westminster 8 | ü Avoid. Reduce. Re-use. Recycle. Do you really need to
print this?

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From: HMCTS Customer Service (Correspondence)
Sent: 23 February 2015 10:41
To: '[FOI #252143 email]'
Subject: RE: Freedom of Information request - Re HMCTS failure to allocate
to track

Freedom of Information Request

Our Reference: FOI-96063

Dear Mr Piesse,

 

Thank you for your email of 17 February, in which you asked for the
following information from the Ministry of Justice (MoJ):

 

"i.e. what actions/under what circumstances do YOU apply to progress a
complaint through YOUR system, please?"

I do not look for a one-line overview - what I need is access to  the
DETAILED, STEP-BY-STEP instruction/procedure manual that is to be followed
by your staff (including such things, presumably, as logging each specific
action, acknowledging receipt, passing to a Judge etc)”

 

Your request has been passed to me because I have responsibility for
answering requests relating to Freedom of Information on behalf of the MoJ
and HM Courts & Tribunals Service (HMCTS). I will be responsible for
responding to the request for information about HMCTS' complaint handling
guide.

 

Your request is being handled under the Freedom of Information Act 2000
(FOIA).

 

Under the Act, the department is required to provide you with a response
within 20 working days. I will write to you in response to your request
for information by 17 March 2015.

 

The Freedom of Information Act includes a number of exemptions to
releasing information.  Some of these are qualified exemptions which
require us to consider whether it is in the public interest to disclose or
withhold the information.  In these circumstances we may need more time to
consider your request, and if this is the case I will write to you by the
date above to inform you of when you can expect to receive a
response.     

If you have any queries regarding this request please do not hesitate to
contact me, quoting ref: FOI-96063 in all future correspondence.
 ​​

Yours sincerely,

  

Anisul Haque

HM Courts & Tribunals Service | Communications and Customer Service Team
1.10, First Floor, 102 Petty France, London SW1H 9AJ | DX 152380
Westminster 8 | ü Avoid. Reduce. Re-use. Recycle. Do you really need to
print this?

 

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Dear Mr Haque,

HMCTS Customer Service (Correspondence),

Thank you for your reply - 100%, much appreciated

Yours sincerely,

Michael Piesse

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