Wigan Council Identities

Waiting for an internal review by Wigan Metropolitan Borough Council of their handling of this request.

Dear Wigan Metropolitan Borough Council,

Dated Monday the 26th of April 2015.

As under the Freedom of Information Act 2000, I politely request
could you please answer the following questions as it is causing
some confusion and concerns.

As similar request was refused by the Council for lack of evidence of person. I now make this request for answers that should already be in the public domain. You will have my personal ID Monday 27-04-15 to avoid refusing this request on the same grounds as you did the other. The reason for this request is that this topic was covered by W.E.P. and the local media clearly felt this is in the public interest.

As there were no other reason for refusal of Mr Deante's request, I fully expect this to be fulfilled once I have provided you with the ID you have requested.

-----
a) Are you the name of Office "Wigan Metropolitan Borough Council"
?
If so could you please give the answers to the questions : -
"What is the name of the Chief Executive Officer" ?
"Is this Chief Executive Officer a Civil Servant" ?
"What is the Registered address of Office" ?
"What is the Main working address of Office" ?
"What area is defined as the working area "boundaries" of this
name of Office" ?
"Is this name of Office a Local Authority" ?
If so please give details.
"Is this name of Office a Local Government" ?
If so please give details.
"Is this name of Office a Billing Authority" ?
If so please give details.
"Does a Section 151 Officer exist for this name of Office" ?
If so please give details and why.
"Is this name of Office a Public Office" ?
If so please give details.
"Is this name of Office a Private by liabilities Company" ?
If so please give details.
"Is this name of Office a Private Company" ?
If so please give details.
"Is this name of Office registered at Company House" ?
If so please give details.
"Is this name of Office a Trust, or issuer of financial or
corporate Shares" ?
If so please give details.
"Does this name of Office have any investment interests in Trusts
or Private Shares or Public Shares ?
If so please give details.
If so please give details.
"Does this name of Office have any investment interests or
financial interests outside the United Kingdom ?
If so please give details.
"Is this name of Office have any Charity registered status" ?
If so please give details.
"Does a Seal of Office exist for this name of Office, who is the
issuer (with when and where), and where can it be examined by a
member of the Public" ?
If so please give details.
"Does a Royal Charter and Grant of Arms exist for this name of
Office, who is the issuer (with when and where), and where can it
be examined by a member of the Public" ?
If so please give details.
"Is there any involvement which this name of Office with Serco or
Siemans or Telereal-Trillian" ?
If so please give details.
"Does this name of Office have issue out any PFI or PFI style
contracts ?" ?
If so please give details.
"Does this name of Office have any brand names/trademarks or
registered brand names/trademarks ?" ?
If so please give details.
"Does this name of Office have any Complaint department or team or
designated person ?"
If so please give details.
"Does this name of Office have any Legal department or team or
designated person or legal representative partie?"
If so please give details.
"Does this name of Office process or deals with Housing and
Council Tax Benefits(/discretionary benefits)?"
If so please give details.
"Does this name of Office process or deals with Council tax?"
If so please give details.
"Does this name of Office collect the Council tax, as such can be
defined as the "collector and issuer of an Council tax" ?"
If so please give details.
"Does this name of Office involve third parties to collect or deal
or process Council tax?"
If so please give details.
"Does this name of Office involve third parties to deal or process
Housing Benefits?"
If so please give details.
"Does this name of Office are the sole liability for Council tax
collection ?"
If so please give details.
"Does this name of Office issue Council tax liability Summons ?"
If so please give details.
"Does this name of Office issue Council tax liability Orders ?"
If so please give details.
"What is the name of the Legal representation for the name of
Office for such Council Tax legal cases and issuer of Summons and
Orders ?"
If so please give details.
"Does this name of Office printout and Serve Council tax liability
Summons and/or liability Orders and/or does HMCTS and/or does HMCS
and/or does MOJ do that for this name of Office ?"
If so please give details.
"When this name of Office printout and Serve Council tax liability
Summons and/or liability Orders are they doing it in the names
HMCTS and/or HMCS and/or MOJ and/or this name of Office; and are
they authorised to do so and by what means in Law, ie does a Master
Court Order exists allowing the name of Office to do so in such
name or names of Office of a another named party?"
If so please give details.
"Does this name of Office process and/or issue Council tax tax
liability Summons and liability Orders with a Seal of HMCTS and/or
Seal of HMCS and/or MOJ and/or of this name of Office Seal ?"
If so please give details.
"Where can the Public go to view and/or obtain a copy of the
issued Council tax tax liability Summons and liability Orders ,(or
Master Bulk Order version) that has the dated, signed by the Bar
and Authority Seal of HMCTS and/or Seal of HMCS and/or MOJ and/or
this name of Office Seal with makes this Document a live and
authorised legal Court Document?", Please note presently the HMCTS
and HMCS and MOJ has stated that they do not hold such information
nor authorised for such and the name of Office (being the 'Council'
the issuer) hold such information. If so please give details.
-----
b) Are you the name of Office "Wigan Metropolitan Council" ?
If so could you please give the answers to the questions : -
"What is the name of the Chief Executive Officer" ?
"Is this Chief Executive Officer a Civil Servant" ?
"What is the Registered address of Office" ?
"What is the Main working address of Office" ?
"What area is defined as the working area "boundaries" of this
name of Office" ?
"Is this name of Office a Local Authority" ?
If so please give details.
"Is this name of Office a Local Government" ?
If so please give details.
"Is this name of Office a Billing Authority" ?
If so please give details.
"Does a Section 151 Officer exist for this name of Office" ?
If so please give details and why.
"Is this name of Office a Public Office" ?
If so please give details.
"Is this name of Office a Private by liabilities Company" ?
If so please give details.
"Is this name of Office a Private Company" ?
If so please give details.
"Is this name of Office registered at Company House" ?
If so please give details.
"Is this name of Office a Trust, or issuer of financial or
corporate Shares" ?
If so please give details.
"Does this name of Office have any investment interests in Trusts
or Private Shares or Public Shares ?
If so please give details.
If so please give details.
"Does this name of Office have any investment interests or
financial interests outside the United Kingdom ?
If so please give details.
"Is this name of Office have any Charity registered status" ?
If so please give details.
"Does a Seal of Office exist for this name of Office, who is the
issuer (with when and where), and where can it be examined by a
member of the Public" ?
If so please give details.
"Does a Royal Charter and Grant of Arms exist for this name of
Office, who is the issuer (with when and where), and where can it
be examined by a member of the Public" ?
If so please give details.
"Is there any involvement which this name of Office with Serco or
Siemans or Telereal-Trillian" ?
If so please give details.
"Does this name of Office have issue out any PFI or PFI style
contracts ?" ?
If so please give details.
"Does this name of Office have any brand names/trademarks or
registered brand names/trademarks ?" ?
If so please give details.
"Does this name of Office have any Complaint department or team or
designated person ?"
If so please give details.
"Does this name of Office have any Legal department or team or
designated person or legal representative partie?"
If so please give details.
"Does this name of Office process or deals with Housing and
Council Tax Benefits(/discretionary benefits)?"
If so please give details.
"Does this name of Office process or deals with Council tax?"
If so please give details.
"Does this name of Office collect the Council tax, as such can be
defined as the "collector and issuer of an Council tax" ?"
If so please give details.
"Does this name of Office involve third parties to collect or deal
or process Council tax?"
If so please give details.
"Does this name of Office involve third parties to deal or process
Housing Benefits?"
If so please give details.
"Does this name of Office are the sole liability for Council tax
collection ?"
If so please give details.
"Does this name of Office issue Council tax liability Summons ?"
If so please give details.
"Does this name of Office issue Council tax liability Orders ?"
If so please give details.
"What is the name of the Legal representation for the name of
Office for such Council Tax legal cases and issuer of Summons and
Orders ?"
If so please give details.
"Does this name of Office printout and Serve Council tax liability
Summons and/or liability Orders and/or does HMCTS and/or does HMCS
and/or does MOJ do that for this name of Office ?"
If so please give details.
"When this name of Office printout and Serve Council tax liability
Summons and/or liability Orders are they doing it in the names
HMCTS and/or HMCS and/or MOJ and/or this name of Office; and are
they authorised to do so and by what means in Law, ie does a Master
Court Order exists allowing the name of Office to do so in such
name or names of Office of a another named party?"
If so please give details.
"Does this name of Office process and/or issue Council tax tax
liability Summons and liability Orders with a Seal of HMCTS and/or
Seal of HMCS and/or MOJ and/or of this name of Office Seal ?"
If so please give details.
"Where can the Public go to view and/or obtain a copy of the
issued Council tax tax liability Summons and liability Orders ,(or
Master Bulk Order version) that has the dated, signed by the Bar
and Authority Seal of HMCTS and/or Seal of HMCS and/or MOJ and/or
this name of Office Seal with makes this Document a live and
authorised legal Court Document?", Please note presently the HMCTS
and HMCS and MOJ has stated that they do not hold such information
nor authorised for such and the name of Office (being the 'Council'
the issuer) hold such information. If so please give details.
-----
c) Are you the name of Office "Wigan Borough Council" ?
If so could you please give the answers to the questions : -
"What is the name of the Chief Executive Officer" ?
"Is this Chief Executive Officer a Civil Servant" ?
"What is the Registered address of Office" ?
"What is the Main working address of Office" ?
"What area is defined as the working area "boundaries" of this
name of Office" ?
"Is this name of Office a Local Authority" ?
If so please give details.
"Is this name of Office a Local Government" ?
If so please give details.
"Is this name of Office a Billing Authority" ?
If so please give details.
"Does a Section 151 Officer exist for this name of Office" ?
If so please give details and why.
"Is this name of Office a Public Office" ?
If so please give details.
"Is this name of Office a Private by liabilities Company" ?
If so please give details.
"Is this name of Office a Private Company" ?
If so please give details.
"Is this name of Office registered at Company House" ?
If so please give details.
"Is this name of Office a Trust, or issuer of financial or
corporate Shares" ?
If so please give details.
"Does this name of Office have any investment interests in Trusts
or Private Shares or Public Shares ?
If so please give details.
If so please give details.
"Does this name of Office have any investment interests or
financial interests outside the United Kingdom ?
If so please give details.
"Is this name of Office have any Charity registered status" ?
If so please give details.
"Does a Seal of Office exist for this name of Office, who is the
issuer (with when and where), and where can it be examined by a
member of the Public" ?
If so please give details.
"Does a Royal Charter and Grant of Arms exist for this name of
Office, who is the issuer (with when and where), and where can it
be examined by a member of the Public" ?
If so please give details.
"Is there any involvement which this name of Office with Serco or
Siemans or Telereal-Trillian" ?
If so please give details.
"Does this name of Office have issue out any PFI or PFI style
contracts ?" ?
If so please give details.
"Does this name of Office have any brand names/trademarks or
registered brand names/trademarks ?" ?
If so please give details.
"Does this name of Office have any Complaint department or team or
designated person ?"
If so please give details.
"Does this name of Office have any Legal department or team or
designated person or legal representative partie?"
If so please give details.
"Does this name of Office process or deals with Housing and
Council Tax Benefits(/discretionary benefits)?"
If so please give details.
"Does this name of Office process or deals with Council tax?"
If so please give details.
"Does this name of Office collect the Council tax, as such can be
defined as the "collector and issuer of an Council tax" ?"
If so please give details.
"Does this name of Office involve third parties to collect or deal
or process Council tax?"
If so please give details.
"Does this name of Office involve third parties to deal or process
Housing Benefits?"
If so please give details.
"Does this name of Office are the sole liability for Council tax
collection ?"
If so please give details.
"Does this name of Office issue Council tax liability Summons ?"
If so please give details.
"Does this name of Office issue Council tax liability Orders ?"
If so please give details.
"What is the name of the Legal representation for the name of
Office for such Council Tax legal cases and issuer of Summons and
Orders ?"
If so please give details.
"Does this name of Office printout and Serve Council tax liability
Summons and/or liability Orders and/or does HMCTS and/or does HMCS
and/or does MOJ do that for this name of Office ?"
If so please give details.
"When this name of Office printout and Serve Council tax liability
Summons and/or liability Orders are they doing it in the names
HMCTS and/or HMCS and/or MOJ and/or this name of Office; and are
they authorised to do so and by what means in Law, ie does a Master
Court Order exists allowing the name of Office to do so in such
name or names of Office of a another named party?"
If so please give details.
"Does this name of Office process and/or issue Council tax tax
liability Summons and liability Orders with a Seal of HMCTS and/or
Seal of HMCS and/or MOJ and/or of this name of Office Seal ?"
If so please give details.
"Where can the Public go to view and/or obtain a copy of the
issued Council tax tax liability Summons and liability Orders ,(or
Master Bulk Order version) that has the dated, signed by the Bar
and Authority Seal of HMCTS and/or Seal of HMCS and/or MOJ and/or
this name of Office Seal with makes this Document a live and
authorised legal Court Document?", Please note presently the HMCTS
and HMCS and MOJ has stated that they do not hold such information
nor authorised for such and the name of Office (being the 'Council'
the issuer) hold such information. If so please give details.
-----
d) Are you the name of Office "Wigan Council" ?
If so could you please give the answers to the questions : -
"What is the name of the Chief Executive Officer" ?
"Is this Chief Executive Officer a Civil Servant" ?
"What is the Registered address of Office" ?
"What is the Main working address of Office" ?
"What area is defined as the working area "boundaries" of this
name of Office" ?
"Is this name of Office a Local Authority" ?
If so please give details.
"Is this name of Office a Local Government" ?
If so please give details.
"Is this name of Office a Billing Authority" ?
If so please give details.
"Does a Section 151 Officer exist for this name of Office" ?
If so please give details and why.
"Is this name of Office a Public Office" ?
If so please give details.
"Is this name of Office a Private by liabilities Company" ?
If so please give details.
"Is this name of Office a Private Company" ?
If so please give details.
"Is this name of Office registered at Company House" ?
If so please give details.
"Is this name of Office a Trust, or issuer of financial or
corporate Shares" ?
If so please give details.
"Does this name of Office have any investment interests in Trusts
or Private Shares or Public Shares ?
If so please give details.
If so please give details.
"Does this name of Office have any investment interests or
financial interests outside the United Kingdom ?
If so please give details.
"Is this name of Office have any Charity registered status" ?
If so please give details.
"Does a Seal of Office exist for this name of Office, who is the
issuer (with when and where), and where can it be examined by a
member of the Public" ?
If so please give details.
"Does a Royal Charter and Grant of Arms exist for this name of
Office, who is the issuer (with when and where), and where can it
be examined by a member of the Public" ?
If so please give details.
"Is there any involvement which this name of Office with Serco or
Siemans or Telereal-Trillian" ?
If so please give details.
"Does this name of Office have issue out any PFI or PFI style
contracts ?" ?
If so please give details.
"Does this name of Office have any brand names/trademarks or
registered brand names/trademarks ?" ?
If so please give details.
"Does this name of Office have any Complaint department or team or
designated person ?"
If so please give details.
"Does this name of Office have any Legal department or team or
designated person or legal representative partie?"
If so please give details.
"Does this name of Office process or deals with Housing and
Council Tax Benefits(/discretionary benefits)?"
If so please give details.
"Does this name of Office process or deals with Council tax?"
If so please give details.
"Does this name of Office collect the Council tax, as such can be
defined as the "collector and issuer of an Council tax" ?"
If so please give details.
"Does this name of Office involve third parties to collect or deal
or process Council tax?"
If so please give details.
"Does this name of Office involve third parties to deal or process
Housing Benefits?"
If so please give details.
"Does this name of Office are the sole liability for Council tax
collection ?"
If so please give details.
"Does this name of Office issue Council tax liability Summons ?"
If so please give details.
"Does this name of Office issue Council tax liability Orders ?"
If so please give details.
"What is the name of the Legal representation for the name of
Office for such Council Tax legal cases and issuer of Summons and
Orders ?"
If so please give details.
"Does this name of Office printout and Serve Council tax liability
Summons and/or liability Orders and/or does HMCTS and/or does HMCS
and/or does MOJ do that for this name of Office ?"
If so please give details.
"When this name of Office printout and Serve Council tax liability
Summons and/or liability Orders are they doing it in the names
HMCTS and/or HMCS and/or MOJ and/or this name of Office; and are
they authorised to do so and by what means in Law, ie does a Master
Court Order exists allowing the name of Office to do so in such
name or names of Office of a another named party?"
If so please give details.
"Does this name of Office process and/or issue Council tax tax
liability Summons and liability Orders with a Seal of HMCTS and/or
Seal of HMCS and/or MOJ and/or of this name of Office Seal ?"
If so please give details.
"Where can the Public go to view and/or obtain a copy of the
issued Council tax tax liability Summons and liability Orders ,(or
Master Bulk Order version) that has the dated, signed by the Bar
and Authority Seal of HMCTS and/or Seal of HMCS and/or MOJ and/or
this name of Office Seal with makes this Document a live and
authorised legal Court Document?", Please note presently the HMCTS
and HMCS and MOJ has stated that they do not hold such information
nor authorised for such and the name of Office (being the 'Council'
the issuer) hold such information. If so please give details.
-----
e) Are you the name of Office "Wigan and Leigh Housing" ?
If so could you please give the answers to the questions : -
"What is the name of the Chief Executive Officer" ?
"Is this Chief Executive Officer a Civil Servant" ?
"What is the Registered address of Office" ?
"What is the Main working address of Office" ?
"What area is defined as the working area "boundaries" of this
name of Office" ?
"Is this name of Office a Local Authority" ?
If so please give details.
"Is this name of Office a Local Government" ?
If so please give details.
"Is this name of Office a Billing Authority" ?
If so please give details.
"Does a Section 151 Officer exist for this name of Office" ?
If so please give details and why.
"Is this name of Office a Public Office" ?
If so please give details.
"Is this name of Office a Private by liabilities Company" ?
If so please give details.
"Is this name of Office a Private Company" ?
If so please give details.
"Is this name of Office registered at Company House" ?
If so please give details.
"Is this name of Office a Trust, or issuer of financial or
corporate Shares" ?
If so please give details.
"Does this name of Office have any investment interests in Trusts
or Private Shares or Public Shares ?
If so please give details.
If so please give details.
"Does this name of Office have any investment interests or
financial interests outside the United Kingdom ?
If so please give details.
"Is this name of Office have any Charity registered status" ?
If so please give details.
"Does a Seal of Office exist for this name of Office, who is the
issuer (with when and where), and where can it be examined by a
member of the Public" ?
If so please give details.
"Does a Royal Charter and Grant of Arms exist for this name of
Office, who is the issuer (with when and where), and where can it
be examined by a member of the Public" ?
If so please give details.
"Is there any involvement which this name of Office with Serco or
Siemans or Telereal-Trillian" ?
If so please give details.
"Does this name of Office have issue out any PFI or PFI style
contracts ?" ?
If so please give details.
"Does this name of Office have any brand names/trademarks or
registered brand names/trademarks ?" ?
If so please give details.
"Does this name of Office have any Complaint department or team or
designated person ?"
If so please give details.
"Does this name of Office have any Legal department or team or
designated person or legal representative partie?"
If so please give details.
"Does this name of Office process or deals with Housing and
Council Tax Benefits(/discretionary benefits)?"
If so please give details.
"Does this name of Office process or deals with Council tax?"
If so please give details.
"Does this name of Office collect the Council tax, as such can be
defined as the "collector and issuer of an Council tax" ?"
If so please give details.
"Does this name of Office involve third parties to collect or deal
or process Council tax?"
If so please give details.
"Does this name of Office involve third parties to deal or process
Housing Benefits?"
If so please give details.
"Does this name of Office are the sole liability for Council tax
collection ?"
If so please give details.
"Does this name of Office issue Council tax liability Summons ?"
If so please give details.
"Does this name of Office issue Council tax liability Orders ?"
If so please give details.
"What is the name of the Legal representation for the name of
Office for such Council Tax legal cases and issuer of Summons and
Orders ?"
If so please give details.
"Does this name of Office printout and Serve Council tax liability
Summons and/or liability Orders and/or does HMCTS and/or does HMCS
and/or does MOJ do that for this name of Office ?"
If so please give details.
"When this name of Office printout and Serve Council tax liability
Summons and/or liability Orders are they doing it in the names
HMCTS and/or HMCS and/or MOJ and/or this name of Office; and are
they authorised to do so and by what means in Law, ie does a Master
Court Order exists allowing the name of Office to do so in such
name or names of Office of a another named party?"
If so please give details.
"Does this name of Office process and/or issue Council tax tax
liability Summons and liability Orders with a Seal of HMCTS and/or
Seal of HMCS and/or MOJ and/or of this name of Office Seal ?"
If so please give details.
"Where can the Public go to view and/or obtain a copy of the
issued Council tax tax liability Summons and liability Orders ,(or
Master Bulk Order version) that has the dated, signed by the Bar
and Authority Seal of HMCTS and/or Seal of HMCS and/or MOJ and/or
this name of Office Seal with makes this Document a live and
authorised legal Court Document?", Please note presently the HMCTS
and HMCS and MOJ has stated that they do not hold such information
nor authorised for such and the name of Office (being the 'Council'
the issuer) hold such information. If so please give details.
-----

I feel that the named Office, being the 'Council' a Public Office
of Local Government should be more transparent in matters and a FOI
should not be required, and such information should be already be
freely be published by such 'Council' a Public Office of Local
Government.

In the days of mass theft and fraud, and identity theft and fraud,
under the "Money Laundering Regulations 2007", any claims being
made to pay should be scrutinised and checked for authenticity and
authority and be true of Claims, as it is a criminal offense for
someone to pay money to someone not owed it or pay money to someone
that has no authority to collect such monies or authority to make
such paperwork to state such. That is then leaving the payer to be
partie to crime by collusion and conspiracy not known, which is a
criminal offense.

As it seems Wigan Local Authority Council are using various names
and brand names and headed paper for each area of trading this is
giving confusion to the Public. Therefore that is the reason for
this FOI request to bring more transparency to matters.

Yours faithfully,

A Ratchford

Dear Wigan Metropolitan Borough Council,

No acknowledgement, No response. Considering that all FoI's placed on this site after mine (26th April) have been acknowledge and responded to, I find this unacceptable. You have my ID, as this was provided at the town hall.

This matter will be reported to ICO today, 27th May.

Yours faithfully,

A Ratchford

Dear Wigan Metropolitan Borough Council,

The ICO have informed me that I should receive a response within 10 working days, given time for postage. I look forward to your reply.

Yours faithfully,

A Ratchford

Wigan Metropolitan Borough Council

2 Attachments

Dear Mr Ratchford

I am writing to respond to your freedom of information request recently
received. This request has been handled under the Freedom of Information
Act 2000.

The response to your request is detailed below.

a) Are you the name of Office "Wigan Metropolitan Borough Council"

The Metropolitan Districts (Names) Order 1973 provides that our
metropolitan district of Wigan shall bear the name "Wigan". Since 1st
April 1974 the Council's name has been "Wigan Borough Council". This is
the formal name that has been used on the Council's seal and also all
legal documents. However, the Council has used the name "Wigan
Metropolitan Borough Council" and more recently "Wigan Council" on its
letterheads, Council vehicles and signage, etc but its legal title has
remained "Wigan Borough Council" since 1st April 1974.

 

-----

b) Are you the name of Office "Wigan Metropolitan Council" ?

The Metropolitan Districts (Names) Order 1973 provides that our
metropolitan district of Wigan shall bear the name "Wigan". Since 1st
April 1974 the Council's name has been "Wigan Borough Council". This is
the formal name that has been used on the Council's seal and also all
legal documents. However, the Council has used the name "Wigan
Metropolitan Borough Council" and more recently "Wigan Council" on its
letterheads, Council vehicles and signage, etc but its legal title has
remained "Wigan Borough Council" since 1st April 1974.

 

 

c) Are you the name of Office "Wigan Borough Council" ?

The Metropolitan Districts (Names) Order 1973 provides that our
metropolitan district of Wigan shall bear the name "Wigan". Since 1st
April 1974 the Council's name has been "Wigan Borough Council". This is
the formal name that has been used on the Council's seal and also all
legal documents. However, the Council has used the name "Wigan
Metropolitan Borough Council" and more recently "Wigan Council" on its
letterheads, Council vehicles and signage, etc but its legal title has
remained "Wigan Borough Council" since 1st April 1974.

 

 

If so could you please give the answers to the questions : - "What is the
name of the Chief Executive Officer" ?

Donna Hall

"Is this Chief Executive Officer a Civil Servant" ?

No

"What is the Registered address of Office" ?

Wigan Council does not have a registered office

 

"What is the Main working address of Office" ?

Town Hall, Library Street, Wigan, WN1 1YN

"What area is defined as the working area "boundaries" of this name of
Office" ?

 

[1]http://www.wigan.gov.uk/Docs/PDF/Residen...

 

"Is this name of Office a Local Authority" ?

If so please give details.

Yes

"Is this name of Office a Local Government" ?

If so please give details.

Yes

"Is this name of Office a Billing Authority" ?

If so please give details.

Yes Section 1 of the Local Government Finance Act 1992 states that
'...each billing authority shall, in accordance with this Part, levy and
collect a tax, to be called council tax, which shall be payable in respect
of dwellings situated in its area'. The section goes on to state '...a
billing authority means (a) in relation to England, a district
council.....'

 

The Metropolitan Districts (Names) Order 1973 provides that Wigan
metropolitan district shall bear the name "Wigan". Since 1st April 1974
the Council's name has been "Wigan Borough Council". This is the formal
name that has been used on the Council's seal and also all legal
documents.

Wigan Borough Council is therefore a billing authority empowered by the
Local Government Finance Act 1992 to levy and collect the council tax.

"Does a Section 151 Officer exist for this name of Office" ?

If so please give details and why.

Paul McKevitt, Deputy Chief Executive/Corporate Director – Resources
Directorate, is responsible for the proper administration of the financial
affairs of Wigan Borough Council

 

"Is this name of Office a Public Office" ?

If so please give details.

Yes

"Is this name of Office a Private by liabilities Company" ?

If so please give details.

No

"Is this name of Office a Private Company" ?

If so please give details.

No

"Is this name of Office registered at Company House" ?

If so please give details.

No

"Is this name of Office a Trust, or issuer of financial or corporate
Shares" ?

If so please give details.

No

"Does this name of Office have any investment interests in Trusts or
Private Shares or Public Shares ?

If so please give details.

[2]http://www.wigan.gov.uk/Docs/PDF/Council...

 

The Statement of Accounts is a public record of our finances.

 

"Does this name of Office have any investment interests or financial
interests outside the United Kingdom ?

If so please give details.

[3]http://www.wigan.gov.uk/Docs/PDF/Council...

 

The Statement of Accounts is a public record of our finances.

"Is this name of Office have any Charity registered status" ?

If so please give details.

No

"Does a Seal of Office exist for this name of Office, who is the issuer
(with when and where), and where can it be examined by a member of the
Public" ?

If so please give details.

The seal bearing the name "Wigan Borough Council" is used for many
documents and is located in Wigan Town Hall, Library Street, Wigan WN1
1YN.

 

"Does a Royal Charter and Grant of Arms exist for this name of Office, who
is the issuer (with when and where), and where can it be examined by a
member of the Public" ?

If so please give details.

The borough of Wigan was originally created by royal Charter.  That
charter has never been revoked

"Is there any involvement which this name of Office with Serco or Siemans
or Telereal-Trillian" ?

If so please give details.

 

[4]http://kinnear.wigan.gov.uk/tenders/inde...

 

A register of contracts is available on our website.

 

"Does this name of Office have issue out any PFI or PFI style contracts ?"
?

If so please give details.

 

Yes – more information available in the Statement of Accounts.

 

[5]http://www.wigan.gov.uk/Docs/PDF/Council...

 

"Does this name of Office have any brand names/trademarks or registered
brand names/trademarks ?" ?

If so please give details.

No

"Does this name of Office have any Complaint department or team or
designated person ?"

If so please give details.

Yes - [6][email address]

"Does this name of Office have any Legal department or team or designated
person or legal representative partie?"

If so please give details.

Yes – [7][email address]

"Does this name of Office process or deals with Housing and Council Tax
Benefits(/discretionary benefits)?"

If so please give details.

Yes – [8][email address]

"Does this name of Office process or deals with Council tax?"

If so please give details.

Yes – [9][email address]

"Does this name of Office collect the Council tax, as such can be defined
as the "collector and issuer of an Council tax" ?"

If so please give details.

Yes Section 1 of the Local Government Finance Act 1992 states that
'...each billing authority shall, in accordance with this Part, levy and
collect a tax, to be called council tax, which shall be payable in respect
of dwellings situated in its area'. The section goes on to state '...a
billing authority means (a) in relation to England, a district
council.....'

 

The Metropolitan Districts (Names) Order 1973 provides that Wigan
metropolitan district shall bear the name "Wigan". Since 1st April 1974
the Council's name has been "Wigan Borough Council". This is the formal
name that has been used on the Council's seal and also all legal
documents.

Wigan Borough Council is therefore a billing authority empowered by the
Local Government Finance Act 1992 to levy and collect the council tax.

"Does this name of Office involve third parties to collect or deal or
process Council tax?"

If so please give details.

The council uses the services of Enforcement Agents to recover unpaid
Council Tax as appropriate.  

"Does this name of Office involve third parties to deal or process Housing
Benefits?"

If so please give details.

No 

"Does this name of Office are the sole liability for Council tax
collection ?"

If so please give details.

Wigan Borough Council has a duty to collect Council Tax from households in
the borough.  

"Does this name of Office issue Council tax liability Summons ?"

If so please give details. 

The council issues summonses on behalf of Wigan and Leigh
Magistrates Court as instructed to.  

 

 "Does this name of Office issue Council tax liability Orders ?"

If so please give details.

 Liability Orders are made by the magistrates court not the council. In
accordance with Regulation 34 of the Council Tax (Administration and
Enforcement) Regulations 1992, if requested by the local authority to do
so at an application for a Council Tax Liability Order, the magistrates
court shall include in the Liability Order a sum of an amount equal to the
costs reasonably incurred by the authority in obtaining the order.

 

"What is the name of the Legal representation for the name of Office for
such Council Tax legal cases and issuer of Summons and Orders ?"

If so please give details.

Wigan Borough Council issues summonses on behalf of Wigan and Leigh
Magistrates Court as instructed to.  

"Does this name of Office printout and Serve Council tax liability Summons
and/or liability Orders and/or does HMCTS and/or does HMCS and/or does MOJ
do that for this name of Office ?"

If so please give details.

Wigan Borough Council issues summonses on behalf of Wigan and Leigh
Magistrates Court as instructed to.  

"When this name of Office printout and Serve Council tax liability Summons
and/or liability Orders are they doing it in the names HMCTS and/or HMCS
and/or MOJ and/or this name of Office; and are they authorised to do so
and by what means in Law, ie does a Master Court Order exists allowing the
name of Office to do so in such name or names of Office of a another named
party?"

If so please give details.

Wigan Borough Council issues summonses on behalf of Wigan and Leigh
Magistrates Court as instructed to.  

 

"Does this name of Office process and/or issue Council tax tax liability
Summons and liability Orders with a Seal of HMCTS and/or Seal of HMCS
and/or MOJ and/or of this name of Office Seal ?"

If so please give details.

Wigan Borough Council issues summonses on behalf of Wigan and Leigh
Magistrates Court as instructed to.  

"Where can the Public go to view and/or obtain a copy of the issued
Council tax tax liability Summons and liability Orders ,(or Master Bulk
Order version) that has the dated, signed by the Bar and Authority Seal of
HMCTS and/or Seal of HMCS and/or MOJ and/or this name of Office Seal with
makes this Document a live and authorised legal Court Document?", Please
note presently the HMCTS and HMCS and MOJ has stated that they do not hold
such information nor authorised for such and the name of Office (being the
'Council'

the issuer) hold such information. If so please give details.

Wigan Borough Council can provide a taxpayer with a copy of a magistrates
court summons, subject to Data Protection Act, for non payment of Council
Tax and a copy of the signed Liability Order documentation  

d) Are you the name of Office "Wigan Council" ?

The Metropolitan Districts (Names) Order 1973 provides that our
metropolitan district of Wigan shall bear the name "Wigan". Since 1st
April 1974 the Council's name has been "Wigan Borough Council". This is
the formal name that has been used on the Council's seal and also all
legal documents. However, the Council has used the name "Wigan
Metropolitan Borough Council" and more recently "Wigan Council" on its
letterheads, Council vehicles and signage, etc but its legal title has
remained "Wigan Borough Council" since 1st April 1974.

 

 

e) Are you the name of Office "Wigan and Leigh Housing" ? No 

 

If you are unhappy with any aspect of this response, an independent senior
officer will review this decision. Please let me know if you would like to
arrange this.

You can also complain to the Information Commissioner, who is the
regulator for Freedom of Information. His website is
[10]www.informationcommissioner.gov.uk and his helpline number is 0303
1231113.

His staff may ask you to exhaust our internal complaints procedure if you
choose to complain to his office now.

May I take this opportunity to apologise for the delay in responding to
your request.

Kind Regards

Complaints and Information Team

Resources Directorate
Wigan Council
Town Hall, Library Street, Wigan WN1 1YN

[11]www.wigan.gov.uk
[12]www.twitter.com/wigancouncil
[13]www.facebook.com/WiganCouncilOnline

 [14]http://www.wigan.gov.uk/pub/images/logoe...

[15]cid:image004.jpg@01D03EF8.8FA151B0

As a public body, the Council may be required to disclose this email or
any response to it under the Freedom of Information Act 2000 unless the
information in it is covered by one of the exemptions in the Act.

This email together with any files transmitted with it are confidential
and intended solely for the use of the individual to whom they are
addressed. The information may be covered by legal professional privilege.
Do not copy, disclose or distribute the information. If you are not the
addressee, please contact the sender and immediately delete this email and
any attachments'

Please don't print this e-mail unless you really need to.

 

>>Corporate Disclaimer<<
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom
they are addressed. If you have received this email in error please
notify the system manager.

Email may be automatically logged, monitored and/or recorded
for legal purposes.

As a public body, the Council may be required to disclose this
email or any response to it under the Freedom of Information
Act 2000 unless the information in it is covered by one of the
exemptions in the Act.

This footnote also confirms that this email has been swept for
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References

Visible links
1. http://www.wigan.gov.uk/Docs/PDF/Residen...
2. http://www.wigan.gov.uk/Docs/PDF/Council...
3. http://www.wigan.gov.uk/Docs/PDF/Council...
4. http://kinnear.wigan.gov.uk/tenders/inde...
5. http://www.wigan.gov.uk/Docs/PDF/Council...
6. mailto:[email address]
7. mailto:[email address]
8. mailto:[email address]
9. mailto:[email address]
10. http://www.informationcommissioner.gov.uk/
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Dear Wigan Metropolitan Borough Council,

Thank you for your delayed response.

I do not understand your answers to questions a, b, and c and I feel a simple yes or no will suffice. Could you please clarify your response by just answering yes/no to the three questions?

Thank you

Yours faithfully,

A Ratchford

Wigan Metropolitan Borough Council

Dear Mr Ratchford

I acknowledge receipt of your email sent on 22nd June 2015. As your original request was made under FoI and dealt with by that process, and you are unhappy with the response then, in accordance with the FoI Act, section 45 - Code of Practice, we need to escalate this to a Senior Officer Review. If you remain unhappy following the senior officer review you can then complain to the Information Commissioner. But, if you were to do so now the Information Commissioner will you refer back to us to exhaust our procedures.

ICO guidance is that the review is carried out by a Senior Officer not involved in the original request and that the review take no longer than 20 working days in most cases, or 40 in exceptional circumstances.

Regards,

Complaints and Information Team
Resources Directorate
Wigan Council
Wigan New Town Hall, Library Street, Wigan WN1 1YN
www.wigan.gov.uk
www.twitter.com/wigancouncil
www.facebook.com/WiganCouncilOnline

As a public body, the Council may be required to disclose this email or any response to it under the Freedom of Information Act 2000 unless the information in it is covered by one of the exemptions in the Act.

show quoted sections

R Austin left an annotation ()

The plot thickens. Yet more subterfuge, muddled answers, ignored questions, and out and out contradictions from what people have been told previously. Which public figure DOES authorise these private liability orders despite them being based on out and out deception and most likely on fraud (reference the Fraud Act 2006 and UK Convention on Criminal Corruption)? No-one seems to want to answer that question. Even after this valiant attempt at getting answers We, the People of Wigan Borough, still have no idea what and who is now in charge of hundreds of millions of pounds and making thousands of decent family's lives an utter misery and bringing feudalism/involuntary servitude back to this borough.

The local paper checked out the story and the sheer weight of just a small part of the evidence gathered convinced them to ask the question why the borough has multiple identity councils. http://www.wigantoday.net/news/local/cou... More follow up stories to come incidentally.

I've just spotted a bargain! Buy British! http://www.amazon.co.uk/Spear-Jackson-54... Great for clearing out useless weeds and shifting heavy lumps. Presumably bulk purchases will attract price discounts?

The people of Wigan Borough will only get transparency, accountability, and justice when we demand it. Be a moron and you'll be treated like a moron - especially when professional hands are in your pockets! Some of us with testicles have politely declined paying Council Tax until we have full and honest public disclosure; and if there has been criminal activity occasioned then we want those responsible facing lengthy jail time. Or you can go through life being a sheep and blaming everyone else for your misfortunes. How would your grandparents have reacted?

Has this Wigan Council got some deep, dark secret they are trying to keep from the public? I know what my opinion is but you ask the questions and make up your own mind.

R Austin left an annotation ()

"As a public body, the Council may be required to disclose this email or any response to it under the Freedom of Information Act 2000 unless the information in it is covered by one of the exemptions in the Act."

Is Wigan Council in fact a public body? Public bodies have physical addresses.

R Austin left an annotation ()

Also note that no single person feels compelled to sign off on this half-response with their name and job title. The author chooses instead to be anonymous behind a team. If there is nothing to hide then why hide? Are We, The people, really reduced now to being just 'resources', and why do we have Directors in a supposedly public body? Sounds very private to me.

Dear Wigan Metropolitan Borough Council,

Thank you for your response. I will compile a list of unsatisfactory responses and omissions and will submit them all for review shortly.

Yours faithfully,

A Ratchford

Dear Wigan Metropolitan Borough Council,

I am compiling a response to the FoI questioning and clarifying points. This FoI should not be submitted for review until I ask you to do so.

Yours faithfully,

A Ratchford

R Austin left an annotation ()

Sir, can I suggest you demand that the response identifies an individual that We, The People, can hold publicly accountable? I refer of course to the 7 Principles of Public Life that Wigan Council and Wigan Metropolitan Borough Council and Wigan Borough Council heroically and repeatedly have failed to follow. Private, for profit companies and secretive private trusts are of course not required to comply with those published principles of PUBLIC life...

It would, I think at this stage, be appropriate and proper that the Section 151 Officer (one Mr Paul McKevitt, I believe is claiming that title) steps out of the shadows and offers his professional response, as the individual holding that specific Office has a fiduciary duty of care to the public (case law) and a duty to investigate and act to prosecute financial wrongdoing. I am happy to provide a copy of an official document explaining the role of the Section 151 Officer and case law clarifying this role. Thusfar no official from this private Wigan Council outfit has entertained numerous invites to meet in a neutral venue to discuss these concerns like civilised people and offer something by way of truth and an explanation. That invite remains open and on the table...

I am aware that very public presentations are now underway across Manchester and Lancashire by anti-slavery campaigners/pro-justice campaigners explaining some of the background to this story. These presentations (titled, 'Who Dafuq is Wigan Coucil') have been professionally filmed in front of large public audiences and are now being posted on a number of sites on the internet, including Youtube, for public consumption. The principle concerns are that we have private companies and some very secretive national and international 'associates' acting de facto as the proper Borough Council when in fact they cannot and will not even try to prove any such de jure authority to do so. This renders democracy, justice and government to be illusory. Central Government appears to be reluctant to get involved in this mess.

I am an outspoken slavery abolitionist and a private advocate of fundamental freedoms (see United Nations Declaration of 1998) working with a recognised private anti-slavery association and this very messy situation , folks, would appear now to be nothing more than private companies mirroring the sovereign Council of the Borough of Wigan with the intent to place the good people of the Borough into debt servitude and serfdom to these private companies. For eye-watering levels of profit, of course. The justice system is being grossly and gravely abused by professionals and the victims of this conspiracy are the good people of the Borough of Wigan (numerous local people are more than happy to testify to that fact based on their personal experience).

This is criminal conduct under international law. Both Wigan Council and Wigan & Leigh Magistrates' Court have been formally noticed that international law and primary domestic legislation has been breached. There has been no response to those Notices and certainly no explanation of events countering the allegations made in those Notices. It is my considered opinion that most of the lower ranks in Wigan Council are not in fact aware of the legal definitions of slavery, slave trade, human trafficking, debt servitude, and serfdom, however ignorance of the law is no defence. Regardless the 'necessity(ies)' and manufactured 'emergencies' that the private company called Wigan Council claims to be guiding its hand, there can be no excuse for attempting to over-ride the primary necessity of We, The People, to vigorously and with determination defend our liberty and justice and our fundamental freedoms and continue to defend ourselves against institutional slave markets masquerading as local courts. We, The People are not the property of Wigan Council or Wigan Metropolitan Borough Council or even Wigan Borough Council. Any claim of ownership of a person is slavery. Case law has established that "the State cannot licence slavery" and the Justices and Coroners Act 2009 establishes the punishment for this crime. The individual responding to this FOI is advised to consider those points and to carefully reflect with their own conscience before responding.

I write these annotations as I understand that by making these concerns public and posting them in a trustworthy public website I and my family are afforded some added protection from harassment and the fear of official persecution. It is also good that readers have the opportunity to understand some of the detail and background to these FOIs.

R Austin B.Sc
Advocate of Fundamental Freedoms, Dignity Alliance
Campaigner, Veterans for Peace

Dear Wigan Metropolitan Borough Council,

This FoI was/is address to Wigan metropolitan Borough Council and no other organisation.

Section A

1. You were asked to answer the questions under section if are you the name of Office "Wigan Metropolitan Borough Council". You answered the first question but failed to answer all other following questions relating to Wigan Metropolitan Borough Council. Please answer all question that apply in this FoI and not just the ones you choose.

Section B

1. You were asked to answer the questions of this section if you are the brand name "Wigan Metropolitan Council" ? You answered the first question but failed to answer the rest of the section relating to Wigan Metropolitan Council. Please answer all question that apply in this FoI and not just the ones you choose.

Section C

1. You were asked if you are the name of Office "Wigan Borough Council" ? You answered this question by quoting the names act 1974, and stated that this is the legal title used. Could you please provide recorded proof, as per the FoIA that your organisation is indeed Wigan Borough Council and/or that any response is from an employee or Civil/public Servant of Wigan Borough Council.

The reason I am asking for confirmation is that you have stated by answering these questions that you are: Wigan Council, Wigan Borough Council, Wigan Metropolitan Council and Wigan metropolitan Borough Council. According to webcheck , these are separate companies.

2. I asked "What is the Registered address of Office" ? You incorrectly stated that Wigan Council has no registered address. I did not ask about Wigan Council, I asked about Wigan Borough Council. Could you please correct this answer.
3. I asked Does this name of Office have any brand names/trademarks or
registered brand names/trademarks ?" ? If so please give details. You said no, however, according to the website of Wigan & Leigh Homes, you own this business http://www.walh.co.uk/About-Us/FurtherIn... could you please clarify this point.

4. I asked "Does this name of Office issue Council tax liability Summons?" If so please give details.” You responded by saying you issue summons as instructed to do by the Magistrates Court. As per the Freedom of Information Act 2000, I would like to view this recorded instruction from the Court. Please make this available in whatever format it exists and notify me of its location.

5. I asked "What is the name of the Legal representation for the name of Office for such Council Tax legal cases and issuer of Summons and Orders ?" If so please give details. You responded by saying you issue summons as instructed to do by the Magistrates Court. As per the Freedom of Information Act 2000, I would like to view this recorded instruction from the Court. Please make this available in whatever format it exists and notify me of its location.

6. I asked "When this name of Office printout and Serve Council tax liability Summons and/or liability Orders are they doing it in the names HMCTS and/or HMCS and/or MOJ and/or this name of Office; and are they authorised to do so and by what means in Law, ie does a Master Court Order exists allowing the name of Office to do so in such name or names of Office of a another named party?" If so please give details” You responded by saying the Magistrates Court has instructed you to do so, however, the question was no who has instructed you, the question was under what Law and authority. Please specify the law and authority such as MOJ, HMCS etc.

7. I asked "Does this name of Office process and/or issue Council tax tax liability Summons and liability Orders with a Seal of HMCTS and/or Seal of HMCS and/or MOJ and/or of this name of Office Seal ?" If so please give details. You responded by saying you issue summonses as instructed. My question was not who instructs you, my question was do you issue these documents with a seal from H<CTS, HMCS or MOJ. Please specify.

Section D.

1. I asked Are you the name of Office "Wigan Council" ? If so, please give details. You responded to the first question and ignored the rest. I require answers to all the questions that apply to and not just answers to some of them. Please review.

I would like this FoI to be submitted for review based on the errors and omissions listed above. A copy of this update will be sent to the ICO should you decide to fail to cooperate again.

Yours faithfully,

A Ratchford

Simon Deante left an annotation ()

As it seems "A Ratchford" put in a duplicate FOI request after I did, the council still did not reply even after "A Ratchford" personally directly went to the Councils' offices to show the Council requested personal identification that indeed "A Ratchford" exists, as they the Council requested.

Who are "the Council" as it seems they don't even know ?

The Council just put in blocking methods hoping you lose interest, and so no one gets to know about the shady business of how they are trading day by day.

It all proves the Council think they are beyond the law and that indeed the Council are running in private not public.

In fact it is "the Council" here making up their own law called "internal policies and procedures" ;- pass issues to Serco-Capita to chase the public by threatening tactics, then to rent out a Serco courtroom with no real magistrates in attendance, provide fake court paperwork that no one owns up that they issued it, getting Serco to deal with issues (Serco vers you not Council vers you ), then policed by private Serco-G4S using SIA regulations, and sentence you to a Serco private prison without trial, taken their by Serco transport, The courtroom play is a private film set called a "courtroom at a Court". An all of this is called a fair PUBLIC system, in fact it is totally unlawful and is a private for profit company which in fact is registered as a company at Companyhouse.

May be the Council should consider a new trading name "Wigan Serco Council".

Well may be the Council should hire a new legal council, and the Councils' CEO and section 151 officer should read the Courts Act 1971 source http://www.legislation.gov.uk/ukpga/1971... as it clearly states it is now illegal to operate in this way.
This is an Act and not regulations, Acts come first.

How this council is operating is called another number - "RM 101"; This has meaning to the council and Serco brotherhood companies as it is a internal method of procedure of how to operate financial income and enforcement in the private sector.

The curtain will be raised, the Public will get to know what Public organisation get up to, this is called transparency. Which this Council does not understand.

If we have to prove that we are indeed real people to do a FOI, then why does not the Council provide proof also, this is law is called "Equal considerations" as a said in Civil Procedure Rules, under the Magistrates Act.

As on the 15th of January 2015, the Sec of State signed over 3000 request for new Orders to be made on one day, most of these where called "Acts Order". These are emergency Orders without House of Commons voting. These are mostly changes to Acts that give new powers to these "Public" departments running in private mode.
This is what Councils are hiding in, and restrict all ways possible to stop the Public finding out.

Public departments are all publically accountable, it is unlawful to hinder this fact. To hide or lie public requested information which should be in public availability anyway "the word = transparency" is a offence of malpractice and maladministration of the Civil Service and contractors of such and can be considered fraud by deception, each of which has a maximum prison sentence of ten years. May be the Council should be aware of this fact also.

All we ask for is our FOI of which we can do so under an ACT, and we can't have it say this council.

They the Council won't allow you to FOI this information because 1) they don't want you to find out, and 2) they are a private organisation for profit not a public and as such they know FOI only applies to public.

We ask this Council to be transparent, and all we ask is public data which should be publically published anyway by this council and not needed to ask by FOI.

I can see the ICO getting involved yet again, to get the council to fully fulfill the original FOI request as it is not a vexatious request - it is information every Public person should be able to see for themselves at a council office or website, and not ask for it or have to put in a FOI, "Transparency of Public office" we call it.

I have personally been in touch with the ICO also about these matters to hand too, and can see the law book (of Acts) being read to this council.

It will all come out in the wash.....

Dear Wigan Metropolitan Borough Council,

Thank you for your input Mr Austin and Simon

The person directly responsible for the FoI is Sharon Crippin initially. As it has gone to review, it is highly unlikely that anyone will identify themselves when they can hide behind anonymity. Whoever this organisation answers to, I can tell you it isn't the public. At this stage, we do not even know if this is indeed a public organisation.

Who are they? What are they? Who knows?

I am concerned that they lied about having no affiliation with Wigan & Leigh Housing when they in fact own the business. Lying on a Freedom of Information request shows you the utter contempt they have for the process of democracy and transparency.

Yours faithfully,

A Ratchford

Dear Wigan Metropolitan Borough Council,

I am still waiting for you to acknowledge and respond to my request for a review. Can you please provide the names of any employees who are dealing with this FoI and review. I'd like to remind you that the recent documentary "don't blame the council" had upper management explaining to the public and media that it was an unfair representation of the employees. Perhaps the media should do another documentary on office staff to balance that comment out?

Yours faithfully,

A Ratchford

Wigan Metropolitan Borough Council

Mr Ratchford,

 

Your email sent on 22nd June 2015 was acknowledged and it was confirmed
that,  as your original request was made under FoI and dealt with by that
process, and you are unhappy with the response then, in accordance with
the FoI Act, section 45 - Code of Practice, we need to escalate this to a
Senior Officer Review.  Any subsequent emails from you have been forwarded
on for consideration in the review.  The FOI number is 7246 and the
Internal Review number is 81.  If you remain unhappy following the senior
officer review you can then complain to the Information Commissioner. But,
if you were to do so now the Information Commissioner will you refer back
to us to exhaust our procedures.

 

ICO guidance is that the review is carried out by a Senior Officer not
involved in the original request and that the review take no longer than
20 working days in most cases, or 40 in exceptional circumstances.

 

 

 

Complaints and Information Officer

Resources Directorate

Wigan Council

Town Hall, Library Street, Wigan WN1 1YN

[1]www.wigan.gov.uk

[2]www.twitter.com/wigancouncil

[3]www.facebook.com/WiganCouncilOnline

 

 

As a public body, the Council may be required to disclose this email or
any response to it under the Freedom of Information Act 2000 unless the
information in it is covered by one of the exemptions in the Act.

This email together with any files transmitted with it are confidential
and intended solely for the use of the individual to whom they are
addressed. The information may be covered by legal professional privilege.
Do not copy, disclose or distribute the information. If you are not the
addressee, please contact the sender and immediately delete this email and
any attachments'

Please don't print this e-mail unless you really need to.

 

 

show quoted sections

Dear Sharon Crippin

This has been ongoing since the 26th April 2015. You still hadn't acknowledged the FoI by the 21st June 2015 which is why I had to approach the ICO for assistance to get any kind of response all. I asked for a review on or around the 7th July 2015 and it is now 18 days into the 20 days for review that you refer to. May I respectfully remind you that these 20 working day deadlines are the maximum threshold set for responses and not a minimum.

Please bear in mind that this request was originally submitted by Mr Deante which was refused. As your organisation is less than forthcoming with information, I thought it prudent to prompt you regarding this request.

Yours faithfully,

A Ratchford

Wigan Metropolitan Borough Council

2 Attachments

Dear Mr Ratchford

From your email dated 7^th July 2015 we identified a number of new
requests.  These have been dealt with under the Freedom of Information Act
and the details are below:

Could you please provide recorded proof, as per the FoIA that your
organisation is indeed Wigan Borough Council and/or that any response is
from an employee or Civil/public Servant of Wigan Borough Council.

As per the Freedom of Information Act 2000, I would like to view this
recorded instruction from the Court. Please make this available in
whatever format it exists and notify me of its location.

As per the Freedom of Information Act 2000, I would like to view this
recorded instruction from the Court. Please make this available in
whatever format it exists and notify me of its location.

We are refusing this request under Section 14(1) of the Freedom of
Information Act, that the request is vexatious.  Under Section 14(1) of
the Act we are entitled to not comply with vexatious requests and will
therefore not be providing you with the information requested.

In considering whether your FOIA requests are vexatious we have considered
the following questions as recommended by the Information Commissioner’s
Office:

 

1.         Could your requests fairly be seen as obsessive?

2.         Are your requests harassing the Council or causing distress to
staff?

3.         Would complying with your requests impose a significant burden
in terms of expense and distraction?

4.         Are your requests designed to cause disruption and annoyance?

5.         Do your requests lack any serious purpose or value?

 

In accordance with ICO guidance you are not offered the opportunity for a
senior officer review.  However, you can contact the Information
Commissioner, who is the regulator for Freedom of Information. His website
is [1]www.informationcommissioner.gov.uk and his helpline number is 0303
1231113.

Regards,

Complaints and Information Team

Resources Directorate
Wigan Council
Town Hall, Library Street, Wigan WN1 1YN

[2]www.wigan.gov.uk
[3]www.twitter.com/wigancouncil
[4]www.facebook.com/WiganCouncilOnline

 [5]http://www.wigan.gov.uk/pub/images/logoe...

[6]cid:image004.jpg@01D03EF8.8FA151B0

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Dear Sharon

I have passed this matter back to the ICO, as I believe you are in error regarding the new FoI. The three points that you have cherry picked from the review request do not ask for new information. They merely ask for copies of the documents you hold or have them made available for public viewing. As the Council is fond of quoting section 14 of the FoIA, I thought I'd jump in with a quote of my own.

Here is section 14, dealing with vexatious requests, paragraph 118 (refusing a request), which states:

"There is no obligation to explain why the request is vexatious. Nonetheless, authorities should aim
to be as helpful as possible. The ICO considers it good practice to include the reasoning for the decision in the refusal notice."

I have asked the ICO to look into why this request was labelled as vexatious as there is no remark from yourselves on the matter. I have also asked them to consider that no new information is being requested in your 3 points, and to support my request for the information being released.

Yours faithfully,

A Ratchford

Wigan Metropolitan Borough Council

3 Attachments

Mr Ratchford

 

Please find attached reply in relation to you request for a review of the
above FOI.

 

Regards

 

 

Alison Kenyon
Principal Auditor
Resources
Wigan Council
Town Hall, Library Street, Wigan WN1 1YN
2589
[1]www.wigan.gov.uk
[2]www.twitter.com/wigancouncil
[3]www.facebook.com/WiganCouncilOnline

[4]http://www.wigan.gov.uk/pub/images/logoe...

 

>>Corporate Disclaimer<<
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom
they are addressed. If you have received this email in error please
notify the system manager.

Email may be automatically logged, monitored and/or recorded
for legal purposes.

As a public body, the Council may be required to disclose this
email or any response to it under the Freedom of Information
Act 2000 unless the information in it is covered by one of the
exemptions in the Act.

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the presence of computer viruses.

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Dear Wigan Metropolitan Borough Council,

Points 1, 4 and 5 do in fact fall within the scope of the original request, as I have asked to view the documentation listed in your original FoI response. However, that is with the ICO now and they can deal with it.

Regarding the responses to A, B and C. I asked if you were the brand name <Brand>, if so please give details. The original respondent, Sharon Crippin, decided to give details rather than a “no” or “N/A”. This indicated that you were indeed those brand names.

In point 3, there is still some confusion as conflicting answers have been given. You reference W&LHCL as an ALMO that has registered with Companies House. This operates FOR you. So this is much like any limited company, however, I didn’t just ask about trademarks. If you read the FOI you will notice I asked about “brand names, “trademarks” or is this name of Office a Private by liabilities Company. You answered no to these questions, however, if W&LHCL is the local authority (there can only be one Local Authority) and not a third party, then your response is incorrect. Can you confirm if this Limited liability Company is YOU, Wigan Borough Council or a contractor?

In a previous response, you stated that you have permission from the Court to Print and issue Summonses. This was followed by your most recent attempt that declared that you don’t need permission, as its “customary” to produce your own. Which statement is true?

In point 35. I asked - When this name of Office printout and Serve Council tax liability
Summons and/or liability Orders are they doing it in the names HMCTS and/or HMCS and/or MOJ and/or this name of Office; and are they authorised to do so and by what means in Law, ie does a Master
Court Order exists allowing the name of Office to do so in such name or names of Office of a another named party? –
You stated that Summonses are issued from the Magistrates Court. I did not ask where they were issued, I asked are they served in the name of MOJ, HMCS or HMCTS? If these are indeed issued by a Court, as you claim, which section of the law are they issued under? If I have not listed the authority they are listed under, please specify it.

Your responses have raised other questions and concerns that will be addressed in a new FOI. I will also bring this to the attention of my Local MP for investigation. Being given conflicting answers on such serious matters indicates that an independent investigation is needed to ascertain what is actually going on.

Yours faithfully,

A Ratchford

R Austin left an annotation ()

Higher authorities have been contacted, Mr Ratchford, and I will make public the responses and information provided as they arrive.

Richard Taylor left an annotation ()

A number of email addresses were redacted automatically by WhatDoTheyKnow, the below shows them in context

""Does this name of Office have any Complaint department or team or designat=
ed person ?"
If so please give details.
Yes - complaints@wigan.gov.uk<mailto:complaints@wigan.gov.uk>
"Does this name of Office have any Legal department or team or designated p=
erson or legal representative partie?"
If so please give details.
Yes - legalenquiries@wigan.gov.uk<mailto:legalenquiries@wigan.gov.uk>
"Does this name of Office process or deals with Housing and Council Tax Ben=
efits(/discretionary benefits)?"
If so please give details.
Yes - benefits@wigan.gov.uk<mailto:benefits@wigan.gov.uk>
"Does this name of Office process or deals with Council tax?"
If so please give details.
Yes - revenues@wigan.gov.uk<mailto:revenues@wigan.gov.uk>

"

==

Richard -WhatDoTheyKnow.com Volunteer