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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

show quoted sections

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

Dear Her Majesty’s Courts and the Tribunals Service,

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

Thank you for your message.
You may take my name as domenic Bert. If you wish to correspond by post, kindly explain why.
I'd respectfully remind you that you are obliged to assist me; the FOI Act explains the same. I'm of the impression you're not so keen to do so. Being the case, confirm the same and I'll not disturb you further.
For my information: would you do me the courtesy of identifying yourself.
For your convenience, I've attached both my original and revised FOI queries.
Yours faithfully
Bert

19 February 2018
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,

15 September 2017
Dear Her Majesty’s Courts and the Tribunals Service,
I sought to progress a complaint against an official of the Bournemouth Court. Despite 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,

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

2 Attachments

Dear Mr Bert,

 

Please see attached a response to your FOI request.

 

 

 

Regards.

 

 

[1]Ministry of Assistant Disclosure Specialist
Justice
Disclosure Team

 

Address: Post Point 10.38,  10th Floor, 102 Petty France,
London SW1H 9AJ

Find out more on [2]People Finder

Follow us on Twitter [3]@MoJGovUK

 

 

show quoted sections

Dear Her Majesty’s Courts and the Tribunals Service,

Subject: Where to Complain When Officials of a Court Behave Corruptly

Thank you for your response.

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'.

Presented below is your last message as it was received. I also copy details from the web page identified in the same message.

I've checked the web page but I'm not looking for guidance. I've made an FOI query and you fail to address it. For your convenience, I enclose original FOI query of September 2017 and amended one of February 2018.

As I say, if you don't wish to deal with my query that's OK but the courtesy of you confirming so would be welcome.

-------------

September 2017
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,
db

February 2018
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,
db

----------------

Ministry of Justice
[email address]
Disclosure Team
Ministry of Justice
102 Petty France
London, SW1H 9AJ
[email address]
10 August 2018

Dear Mr Bert
Freedom of Information Act (FOIA) Request – FOI ........
Thank you for your request dated 23 May 2018 which you asked for the following information
from the Ministry of Justice (MoJ):
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 fall...s 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.
Your request has been handled under the FOIA.
I can confirm that the MoJ holds some of the information you have requested regarding
complaint procedures made against HMCTS and I’m providing what information we have on
this process in the link below.
https://www.gov.uk/government/organisati...
service/about/complaints-procedure
Appeal Rights
If you are not satisfied with this response you have the right to request an internal review by
responding in writing to one of the addresses below within two months of the date of this
response.
[email address]
Disclosure Team, Ministry of Justice, 10.38, 102 Petty France, London, SW1H 9AJ

------------------

Details from web site:

Complaints procedure
English Cymraeg
How to make a complaint about HM Courts and Tribunals Service.
Contents
What we can help with
When we can’t help you
How to complain
If you’re not satisfied
Includes information from the withdrawn EX343 guidance.
What we can help with
We want to know when our service falls short of what you expect. This is so we can put things right and learn from the experience.
We can help with complaints about:
the way your case was handled by our administrative staff
the facilities at our venues
When we can’t help you
Judicial decisions
If you think that a judge’s decision was incorrect, you may want to appeal against the decision.
You can’t use the complaints process to challenge the decision and you should get legal advice about how to appeal.
Judicial conduct
Find out how to complain about a judge, tribunal member or magistrate if you’re not happy with the way they behaved toward you.
Money Claim Online and Possession Claim Online
To complain about these online services, email [email address] or call 0300 123 1057.
How to complain
Contact the office where the problem happened, as it will be best placed to resolve your complaint.
Alternatively, you can complain about services online through Resolver. Read Resolver’s privacy policy.
You should normally receive a response within 10 working days.
If you want to give feedback on specific courts and tribunals, contact them directly
If you’re not satisfied
Ask for a review
If you’re not happy with the reply to your complaint or the way it was handled, you can ask the senior manager to carry out a review.
They should reply within 10 working days.
Make an appeal
If you’re not satisfied with the review, you can appeal to the Customer Investigations Team.
The senior manager will tell you how to contact them.
The team will look at the complaint again and try to reply within 15 working days.
Contact your MP
If you’re still not happy after the appeal, you can ask your MP to refer your complaint to the Parliamentary and Health Service Ombudsman.
Find contact details for your MP or phone 020 7219 4272.
The ombudsman may be able to investigate your complaint.

---------------------

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

HMCTS Customer Service (Correspondence), Her Majesty’s Courts and the Tribunals Service

2 Attachments

Dear Mr Bert

 

Please find attached my formal response to your request for Internal
Review (IR) of the Ministry of Justice’s reply of 10 August to your
request for information under the Freedom of Information Act 2000.

 

Yours sincerely

Anisul Haque
Customer Investigations Team, Customer Directorate

For information on how HMCTS uses personal data about you please go to:

[1]https://www.gov.uk/government/organisati...

[2]cid:image003.png@01D2764D.ED684A40

 

 

show quoted sections

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