Why are habeas corpus forms not on Court or Justice Websites?

Paul Randle-Jolliffe made this Freedom of Information request to Ministry of Justice

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Ministry of Justice.

Paul Randle-Jolliffe

Dear Ministry of Justice,

Why are the following forms missing from the court service website

No 87 Claim form for writ of habeas corpus ad subjiciendum
No 88 Notice of adjourned application for writ of habeas corpus
No 89 Writ of habeas corpus ad subjiciendum
No 90 Notice to be served with writ of habeas corpus ad subjiciendum
No 91 Writ of habeas corpus ad testificandum
No 92 Writ of habeas corpus ad respondendum

http://www.hmcourts-service.gov.uk/HMCSC...

Yours faithfully,

Paul Randle-Jolliffe

Data Access & Compliance Unit, Ministry of Justice

Dear Mr Randle-Jolliffe,

Thank you for your correspondence below, I apologise for the delay responding to you.

As per my previous e-mail to you relating to WhatDoTheyKnow reference number: [mailto:[email address]]. I can confirm that this identical request does not fall under the Freedom of Information Act. It may be helpful if I explain that the Freedom of Information Act (2000) gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the Act states that in order for a request for information to be handled as a Freedom of Information (FOI) request, it must be for recorded information. For example, a Freedom of Information request would be for a copy of an policy, rather than an explanation as to why we have that policy in place.

On occasion, the Data Access and Compliance Unit receives requests for information that do not ask for a copy of recorded information, but ask more general questions about, for example, policies, opinions or decisions. In these instances, another business unit would be best placed to handle your enquiry.

I have assessed your correspondence and since you are not asking for recorded information but asking for the location of various court forms, I have passed on your request to our HMCS customer services team who will take your correspondence forward.

I apologise for any inconvenience this delay may have caused. If you have any questions about Freedom of Information please do not hesitate to contact us.

Best Wishes
Kate

Kate Balding|Business Coordinator

Data Access & Compliance Unit
Ministry of Justice|6th Floor|Post Point 6.23
102 Petty France|London|SW1H 9A

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Customer Services (CSHQ),

Dear Sir,

This does not come under the remit of HMCTS. I suggest you seek independent legal advice.

Regards

Complaints Handling and Enquiries Team
Her Majesty's Court and Tribunal Service

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Paul Randle-Jolliffe

Dear Customer Services (CSHQ),

Who ever you are

I believe you will find that is does come under the remit of HMCTS is this not marked as HMCTS

http://hmctsformfinder.justice.gov.uk/HM...

Under the FOI Act please supply copies of the forms as they are not on the website

Yours sincerely,

Paul Randle-Jolliffe

Customer Services (CSHQ),

Welcome to Her Majesty's Court Service

Thank you for your email, which has been received by the Complaint
Handling & Enquiries Team. We aim to respond to your email within 10-15
working days, in the event that we are unable to reply in that time, we
will let you know.

The HMCS website has been relocated to the following sites below:

o [1]www.direct.gov.uk - information and access to Court Finder, Civil
& Family matters including divorce, adoption, civil partnership
dissolution, forced marriages

o [2]www.businesslink.gov.uk/bdotg/action/home - information and access
to Money & Possession Claim Online (MCOL & PCOL); Debt recovery; an
overview of court work.

o [3]www.judiciary.gov.uk - information on Practice Directions (Civil
Procedure Rules), Judgments, Minimum terms, Tariffs & Mandatory Life
sentences

o [4]www.justice.gov.uk - information and access to HMCTS Corporate
content; Xhibit; Daily Cause Lists; Film Unit, Venue Hire; Royal
Courts of Justice; County Court Bulk Centre

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

Visible links
1. http://www.direct.gov.uk/
2. http://www.businesslink.gov.uk/bdotg/act...
3. http://www.judiciary.gov.uk/
4. http://www.justice.gov.uk/

Customer Services (CSHQ),

Dear Sir,

Thank you for your email. We have no jurisdiction over the website and the forms on there.

Regards

Complaints Handling and Enquiries Team
Her Majesty's Court and Tribunal Service

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Paul Randle-Jolliffe

Dear Customer Services (CSHQ),

Can you tell me who does?

Dept and name?

Yours sincerely,

Paul Randle-Jolliffe

Customer Services (CSHQ),

Welcome to Her Majesty's Court Service

Thank you for your email, which has been received by the Complaint
Handling & Enquiries Team. We aim to respond to your email within 10-15
working days, in the event that we are unable to reply in that time, we
will let you know.

The HMCS website has been relocated to the following sites below:

o [1]www.direct.gov.uk - information and access to Court Finder, Civil
& Family matters including divorce, adoption, civil partnership
dissolution, forced marriages

o [2]www.businesslink.gov.uk/bdotg/action/home - information and access
to Money & Possession Claim Online (MCOL & PCOL); Debt recovery; an
overview of court work.

o [3]www.judiciary.gov.uk - information on Practice Directions (Civil
Procedure Rules), Judgments, Minimum terms, Tariffs & Mandatory Life
sentences

o [4]www.justice.gov.uk - information and access to HMCTS Corporate
content; Xhibit; Daily Cause Lists; Film Unit, Venue Hire; Royal
Courts of Justice; County Court Bulk Centre

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

Visible links
1. http://www.direct.gov.uk/
2. http://www.businesslink.gov.uk/bdotg/act...
3. http://www.judiciary.gov.uk/
4. http://www.justice.gov.uk/

Paul Randle-Jolliffe

Dear Customer Services (CSHQ),

Can you please supply a copy of the forms!

Yours sincerely,

Paul Randle-Jolliffe

Customer Services (CSHQ),

Welcome to Her Majesty's Court Service

Thank you for your email, which has been received by the Complaint
Handling & Enquiries Team. We aim to respond to your email within 10-15
working days, in the event that we are unable to reply in that time, we
will let you know.

The HMCS website has been relocated to the following sites below:

o [1]www.direct.gov.uk - information and access to Court Finder, Civil
& Family matters including divorce, adoption, civil partnership
dissolution, forced marriages

o [2]www.businesslink.gov.uk/bdotg/action/home - information and access
to Money & Possession Claim Online (MCOL & PCOL); Debt recovery; an
overview of court work.

o [3]www.judiciary.gov.uk - information on Practice Directions (Civil
Procedure Rules), Judgments, Minimum terms, Tariffs & Mandatory Life
sentences

o [4]www.justice.gov.uk - information and access to HMCTS Corporate
content; Xhibit; Daily Cause Lists; Film Unit, Venue Hire; Royal
Courts of Justice; County Court Bulk Centre

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

Visible links
1. http://www.direct.gov.uk/
2. http://www.businesslink.gov.uk/bdotg/act...
3. http://www.judiciary.gov.uk/
4. http://www.justice.gov.uk/

Customer Services (CSHQ),

I suggest you try the Chancery Division at the Royal Courts of Justice. Tel 020 7947 6000

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Customer Services (CSHQ),

No we don't keep any forms here.

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Paul Randle-Jolliffe

Dear Customer Services (CSHQ),

Can you refer this back to the Data Access & Compliance Unit of the Ministry of Justice

As they referred me to you as per below

I have assessed your correspondence and since you are not asking for recorded information but asking for the location of various court forms, I have passed on your request to our HMCS customer services team who will take your correspondence forward.

I apologise for any inconvenience this delay may have caused. If you have any questions about Freedom of Information please do not hesitate to contact us.

Best Wishes
Kate

Kate Balding|Business Coordinator

Data Access & Compliance Unit
Ministry of Justice|6th Floor|Post Point 6.23
102 Petty France|London|SW1H 9A

Yours sincerely,

Paul Randle-Jolliffe

Customer Services (CSHQ),

Welcome to Her Majesty's Court Service

Thank you for your email, which has been received by the Complaint
Handling & Enquiries Team. We aim to respond to your email within 10-15
working days, in the event that we are unable to reply in that time, we
will let you know.

The HMCS website has been relocated to the following sites below:

o [1]www.direct.gov.uk - information and access to Court Finder, Civil
& Family matters including divorce, adoption, civil partnership
dissolution, forced marriages

o [2]www.businesslink.gov.uk/bdotg/action/home - information and access
to Money & Possession Claim Online (MCOL & PCOL); Debt recovery; an
overview of court work.

o [3]www.judiciary.gov.uk - information on Practice Directions (Civil
Procedure Rules), Judgments, Minimum terms, Tariffs & Mandatory Life
sentences

o [4]www.justice.gov.uk - information and access to HMCTS Corporate
content; Xhibit; Daily Cause Lists; Film Unit, Venue Hire; Royal
Courts of Justice; County Court Bulk Centre

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

Visible links
1. http://www.direct.gov.uk/
2. http://www.businesslink.gov.uk/bdotg/act...
3. http://www.judiciary.gov.uk/
4. http://www.justice.gov.uk/

Helen Bright left an annotation ()

http://wbus.westlaw.co.uk/forms/pdf/cpf0...

Is this something very ancient?

Sayed, Saira, Ministry of Justice

Dear Mr Randle-Jolliffe,

Thank you for your correspondence below,

We wrote to you on 5 July and explained that your query was not being dealt with as an FOI request because it did not fall under the terms of Freedom of Information Act. We explained that the Freedom of Information Act (2000) gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the Act states that in order for a request for information to be handled as a Freedom of Information (FOI) request, it must be for recorded information. For example, a Freedom of Information request would be for a copy of an policy, rather than an explanation as to why we have that policy in place.

On occasion, the Data Access and Compliance Unit receives requests for information that do not ask for a copy of recorded information, but ask more general questions about, for example, policies, opinions or decisions. In these instances, another business unit would be best placed to handle your enquiry.

We have already assessed your correspondence and referred your request to our HMCS customer services team. We understand that HMCTS advised that you contact the Chancery Division at the Royal Courts of Justice

I apologise for any inconvenience the delay in dealing with your query may have caused. Unfortunately we have done out best to ensure that it is referred to the appropriate area to deal with but we are unable to assist you any further since your enquiry is not an FOI request.

If you have any questions about Freedom of Information please do not hesitate to contact us.

Best Wishes

Saira Sayed

Data Access & Compliance Unit
Ministry of Justice|6th Floor|Post Point 6.23
102 Petty France|London|SW1H 9A

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