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Where to Complain When Officials of a Court Behave Corruptly

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Dear Her Majesty’s Courts and the Tribunals Service,

I sought to progress a complaint against an official of the Bournemouth Court. Despite me supplying a second court copy of their own correspondence, the (2nd) court say they have no record of any correspondence.

The complaint is quite serious, it's against a court official (of the Bournemouth Court) for fraudulently issuing application in my name. I sought to complain but the other court improperly directs me. Given protracted correspondence, I suspect its time to escalate this matter.

Where officials of a court behave corruptly, where does one direct complaint?

Yours faithfully,
bert

HMCTS Customer Service (Correspondence),

Thank you for your email of 15 September regarding an issue at Bournemouth Court.

I am sorry your experience of HM Courts & Tribunals Service (HMCTS) has not been a positive one. I understand that you are unhappy with the service you have received from the court. HMCTS has a complaints process to investigate and resolve complaints about how a court or tribunal case has been administered. 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: https://www.gov.uk/government/organisati....

Christine Worsley | HM Courts & Tribunals Service | Customer Investigations Team | Customer Directorate
10th Floor (10.34)  |  102 Petty France |  London |  SW1H 9AJ
 e-mail: [email address]

W.A Tacrock left an annotation ()

Raising a complaint through Her Majesty’s Courts and the Tribunals Service might take several months to complete, especially if you pursue it through all stages. HMCTS is unlikely to address anything of a criminal nature so in theory the matter should be reported to the police.

However, that in itself is more likely than not to present further obstacles as the following bares out:

https://www.scribd.com/document/35974987...

Dear Her Majesty’s Courts and the Tribunals Service,

Thank you for your message. I decided to follow your guidance and complain.

It may be the case that my complaint is dismissed as a simple operational failing on the part of the second court however, what's more serious is the resistance I've experienced. It's my guess the Bournemouth Court (or perhaps those of the same interest) don't care to deal with this matter. If this is the case, what is the title of the offence being committed and, which authority is charged with dealing with it; I'd imagine the police are correct authority here but seek a confirmation.

Yours faithfully,
bert

HMCTS Customer Service (Correspondence),

Dear Bert

Thank you for your enquiry.

I am sorry I have not seen your previous correspondence so I can only provide general advice.

If you are unhappy with how the court deal with an administrative complaint, you can escalate it. Further information about the complaints process is available at: www.gov.uk/government/organisations/hm-c...

If you believe a member of court staff has committed a criminal act, this should be reported to the police.

Yours sincerely

Christine Worsley | HM Courts & Tribunals Service | Customer Investigations Team | Customer Directorate
10th Floor (10.34)  |  102 Petty France |  London |  SW1H 9AJ
 e-mail: [email address]

December 2017
Dear Her Majesty’s Courts and the Tribunals Service,
Thanks for your message.
I enclose last two messages sent you. Do I expose something outside your competence; that's to say, a failing of the court which would be better directed to police? Otherwise, would you kindly identify the authority to send my complaint.
Yours faithfully,
bert

----

HMCTS Customer Service (Correspondence), 27 October 2017
Dear Bert
Thank you for your enquiry.
I am sorry I have not seen your previous correspondence so I can only provide general advice.
If you are unhappy with how the court deal with an administrative complaint, you can escalate it. Further information about
the complaints process is available at: www.gov.uk/government/organisations/hm-c...
If you believe a member of court staff has committed a criminal act, this should be reported to the police.
Yours sincerely
Christine Worsley | HM Courts & Tribunals Service | Customer Investigations Team | Customer Directorate
10th Floor (10.34) | 102 Petty France | London | SW1H 9AJ

----

bert 26 October 2017
Delivered
Dear Her Majesty’s Courts and the Tribunals Service,
Thank you for your message. I decided to follow your guidance and complain.
It may be the case that my complaint is dismissed as a simple operational failing on the part of the second court however, what's more serious, is the resistance I've experienced. It's my guess the Bournemouth Court (or perhaps those of the same interest) don't care to deal with this matter. If this is the case, what is the title of the offence being committed and, which authority is charged with dealing with it; I'd imagine the police are correct authority here but seek a confirmation.
Yours faithfully,
bert

----

bert 15 September 2017
Delivered
Dear Her Majesty’s Courts and the Tribunals Service,
I sought to progress a complaint against an official of the Bournemouth Court [to a second court]. [The second court processed my application and sought directions however, more recently,] Despite me supplying [the] second court copy of their own correspondence, the (2nd) court [now] say they have no record of any correspondence. The complaint is quite serious, it's against a court official (of the Bournemouth Court) for fraudulently issuing application in my name. I sought to complain but the [second] court improperly directs me. Given protracted correspondence, I suspect its time to escalate this matter. Where officials of a court behave corruptly, where does one direct complaint?
Yours faithfully,
bert
NOTE: contents bracketed: '[]' were added later for clarity.

----

Yours faithfully,
bert

HMCTS Customer Service (Correspondence),

I am sorry your experience of HM Courts & Tribunals Service (HMCTS) has not been a positive one. I understand that you are unhappy with the service you have received from the court at Bournemouth. HMCTS has a complaints process to investigate and resolve complaints about how a court or tribunal case has been administered. This allows the court or tribunal where the problem has occurred to investigate and put things right. You should explain your complaint to the court and ask them to 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: https://www.gov.uk/government/organisati....

If you believe illegal activity has taken place, the allegation should be brought to the attention of the police. The police may consider the evidence and it would need to be referred to the Crown Prosecution Service for a decision to be made about whether the matter should be taken to court. This does not, however, determine that the police must make a decision to investigate all allegations that are put to them. I cannot comment on the actions of the police or how they make their decisions.

Christine Worsley | HM Courts & Tribunals Service | Customer Investigations Team | Customer Directorate
6th Floor (6.02) | 102 Petty France | London | SW1H 9AJ
e-mail: [email address]

show quoted sections

Mr Tapi left an annotation ()

Dear bert,

The following unrepealed statute law may be of assistance to you - disclaimer: you may wish to seek further advice albeit the law of the Land is very clear, as enacted and avaialble for review by all in England and Wales at legislation.gov.uk;

The Petition of Right 1627; s.2 and s.8
http://www.legislation.gov.uk/aep/Cha1/3...
http://www.legislation.gov.uk/aep/Cha1/3...

Act of Settlement (1700); s.4
http://www.legislation.gov.uk/aep/Will3/...

Yours faithfully,

Mr Tapi

Dear HMCTS Customer Service (Correspondence),

Thank you for your message. It appears I failed to properly present my FOI query so, I attempt to do so again:

As you are able, would you kindly identify any information held by HMCTS, such as a policy paper or otherwise, which guides staff of HMCTS on how to deal with a public complaint (made against HMCTS) which falls outside its competency; that's to say, being not an administrative failing but rather a crime committed by HMCTS staff. It may be HMCTS fails to recognise such things so, being the case, would you kindly confirm the same.

From what you write it seems its a matter for the complainant to properly direct his/her complaint. Is this correct? And, if the complainant improperly directs complaint to HMCTS, how do you deal with it? Do you inform the complainant? A title of a policy paper or similar would suffice.

F.Y.I. and with respect: where a complainant is made against HMCTS to police, the police invariably directs complainant back to HMCTS. Unless HMCTS themselves play a part in the complaint process, the police do not get involved, whether or not a crime has been committed.

Yours faithfully,
bert

W.A Tacrock left an annotation ()

"If you believe illegal activity has taken place, the allegation should be brought to the attention of the police. The police may consider the evidence and it would need to be referred to the Crown Prosecution Service for a decision to be made about whether the matter should be taken to court. This does not, however, determine that the police must make a decision to investigate all allegations that are put to them. I cannot comment on the actions of the police or how they make their decisions."

They are sending you on a nine day camel trek.

Humberside police, 13 January 2016
https://www.scribd.com/document/31534214...

"I understand that this matter has been heard in a court of law. The advice I have obtained is that the issues you raise may be appeal points that could be raised at any subsequent appeal hearings.

Humberside Police do not investigate allegations of perjury unless a request to do so comes from the court themselves.

The judge in the case is protected in law for making decisions whilst carrying out their duties in law courts."

HMCTS Customer Service (Correspondence),

Thank you for your e mail. The Ministry of Justice Data Access and Compliance Unit (DACU) considered that your enquiry did not fall under the Freedom of Information regime and it has been referred back to this department to respond to.

I am sorry but there is nothing I can usefully add to the previous response you have received from my colleague Ms Worsley, other than to reiterate that concerns about illegal activity should be reported to the police and complaints about the administrative handling of a case should be made to the court concerned in the first instance. If a complaint was incorrectly directed to HMCTS, the complainant would be advised of this.

I am sorry that we cannot assist you any further.

Yours sincerely

S Wilton
 
Customer Investigations Officer | Customer Investigations Team

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Gwynne Davies left an annotation ()

Bert
You may be interested in this request, I suspect something similar occurred?

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

A follow up FoI on its way in light of new info.

Dear Her Majesty’s Courts and the Tribunals Service,
I understand my query fails to meet your criteria for a FOI request. Would you do me the courtesy of kindly explaining why.
Yours faithfully,
bert
FYI I attach the last two messages
----
HMCTS Customer Service (Correspondence), 27 February 2018
Thank you for your e mail. The Ministry of Justice Data Access and Compliance Unit (DACU)
considered that your enquiry did not fall under the Freedom of Information regime and it has
been referred back to this department to respond to.
I am sorry but there is nothing I can usefully add to the previous response you have
received from my colleague Ms Worsley, other than to reiterate that concerns about illegal
activity should be reported to the police and complaints about the administrative handling
of a case should be made to the court concerned in the first instance. If a complaint was
incorrectly directed to HMCTS, the complainant would be advised of this.
I am sorry that we cannot assist you any further.
Yours sincerely
SWilton
Customer Investigations Officer | Customer Investigations Team
-----
19 February 2018 Delivered [apparently]
Dear HMCTS Customer Service,
Thank you for your message. It appears I failed to properly present my FOI query so, I
attempt to do so again:
As you are able, would you kindly identify any information held by HMCTS, such as a policy
paper or otherwise, which guides staff of HMCTS on how to deal with a public complaint (made
against HMCTS) which falls outside its competency; that's to say, being not an
administrative failing but rather a crime committed by HMCTS staff. It may be HMCTS fails to
recognise such things so, being the case, would you kindly confirm the same.
From what you write it seems its a matter for the complainant to properly direct his/her
complaint. Is this correct? And, if the complainant improperly directs complaint to HMCTS,
how do you deal with it? Do you inform the complainant? A title of a policy paper or similar
would suffice.
F.Y.I. and with respect: where a complainant is made against HMCTS to police, the police
invariably directs complainant back to HMCTS. Unless HMCTS themselves play a part in the
complaint process, the police do not get involved, whether or not a crime has been
committed.
Yours faithfully,
bert

Dear Her Majesty’s Courts and the Tribunals Service,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Her Majesty’s Courts and the Tribunals Service's handling of my FOI request 'Where to Complain When Officials of a Court Behave Corruptly'.

Without response, redirect this to you:
bert 26 April 2018 Delivered
Dear Her Majesty’s Courts and the Tribunals Service,
I understand my query fails to meet your criteria for a FOI request. Would you do me the courtesy of kindly explaining why.
Yours faithfully,
bert
FYI I attach the last two messages
----
HMCTS Customer Service (Correspondence), 27 February 2018
Thank you for your e mail. The Ministry of Justice Data Access and Compliance Unit (DACU)
considered that your enquiry did not fall under the Freedom of Information regime and it has
been referred back to this department to respond to.
I am sorry but there is nothing I can usefully add to the previous response you have
received from my colleague Ms Worsley, other than to reiterate that concerns about illegal
activity should be reported to the police and complaints about the administrative handling
of a case should be made to the court concerned in the first instance. If a complaint was
incorrectly directed to HMCTS, the complainant would be advised of this.
I am sorry that we cannot assist you any further.
Yours sincerely
SWilton
Customer Investigations Officer | Customer Investigations Team
-----
19 February 2018 Delivered [apparently]
Dear HMCTS Customer Service,
Thank you for your message. It appears I failed to properly present my FOI query so, I
attempt to do so again:
As you are able, would you kindly identify any information held by HMCTS, such as a policy
paper or otherwise, which guides staff of HMCTS on how to deal with a public complaint (made
against HMCTS) which falls outside its competency; that's to say, being not an
administrative failing but rather a crime committed by HMCTS staff. It may be HMCTS fails to
recognise such things so, being the case, would you kindly confirm the same.
From what you write it seems its a matter for the complainant to properly direct his/her
complaint. Is this correct? And, if the complainant improperly directs complaint to HMCTS,
how do you deal with it? Do you inform the complainant? A title of a policy paper or similar
would suffice.
F.Y.I. and with respect: where a complainant is made against HMCTS to police, the police
invariably directs complainant back to HMCTS. Unless HMCTS themselves play a part in the
complaint process, the police do not get involved, whether or not a crime has been
committed.
Yours faithfully,
bert

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/w...

Yours faithfully,

bert

Disclosure Team, Her Majesty’s Courts and the Tribunals Service

Dear Bert,

Please note, under section 8(1) of FOIA, a request for information must comply with three requirements. It must:

(a) be in writing,
(b) state the name of the applicant and an address for correspondence, and
(c) describes the information requested.

After initial consideration, this request appears to comply with requirements (a) and (c) but it does not comply with requirement (b) because you have not provided your full name.
I am therefore not required to process your request without information that can later be referred to, as per Section 8(1)(b) FOIA. The information we require is your name.
As your request has been deemed invalid, I am not obliged to disclose the requested information at this point and I would like to take this opportunity to recommend that any future FOI submissions adhere to Section 8 of the FOIA.
To enable us to meet your request, please resubmit your application in accordance with the above requirements. We will consider your resubmitted request upon receipt as long as it meets the requirements stated above.
You will then receive the information requested within the statutory timescale of 20 working days as defined by the Act, subject to the information not being exempt.
You can find out more about Section 8 by reading the extract from the Act available at the attached link:
http://www.legislation.gov.uk/ukpga/2000...

Please also quote your reference number of the Freedom of Information request you would like us to place under an internal review.

Kind regards,

Disclosure Team

show quoted sections

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