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IN THE FIRST-TIER TRIBUNAL APPEAL: EA/2017/0019

GENERAL REGULATORY CHAMBER


(INFORMATION RIGHTS)

BETWEEN:

Appellant
and

THE INFORMATION COMMISSIONER


Respondent

EXHIBIT A-2
Undelivered documents
MrsAWatts
Justices' Clerk for
Humber & South Yorkshire
FILE Ooncaster Magistrates' Court
HM Courts & PO Box 49
The Law Courts
Tribunals Service College Road
OONCASTER ON13HT

OX: 742840 (Doncaster 20)


When calling please ask for: Cellne AlIerton T: 01302 347303/304
Direct Line: 01302 34no~
F: 01302 327906
E: celine.allerton@hmcts.gsLgov.uk
karen.crocken@hmcts.gsi.gov.uk
Mr

-uffmsby
~----_. mt
Minicom VII: 01302 369066

www.justice.gov.uk

North East Lincolnshire


DN320QJ

Our ref: AW/CA 19 December 2013

Re: Application to State a Case

I acknowledge receipt of your representations upon the draft case.

North East Lincolnshire Council sought an extension to the time in which they may submit
representations on the draft case as the Council stated that they had not received the draft case.
This request was granted.

Enclosed herewith is the final case.

If you wish to pursue your appeal, the case must be lodged with the Administrative Court Office at
the Royal Courts of Justice within 10 days of receiving it from this office, and within four days of
lodging the case, the you must serve on the Respondent a notice of entry of the appeal together
with a copy of the case.

I shall be grateful if you would kindly acknowledge receipt of this correspondence and enclosure.

Yours sincerely

Mrs A Watts
Justices' Clerk

Enc

PROTECT-PERSONAL
MrsAWatts
fiLE Justices' Clerk for
Humber & South Yorkshire
Ooncaster Magistrates' Court
HM Courts & PO Box 49
The Law Courts
Tribunals Service College Road
DONCASTER ON13HT

OX: 742840 (Doncaster 20)


When calling please ask for: Karen Crocken T: 01302 3473031304
Direct Line: 01302347303
F: 01302 327906
E: celine.allerton@hmcts.gsLgov.uk
karen.crocken@hmcts.gsi.gov.uk
Mr Minicom VII: 01302 369066
ant
www.justice.gov.uk
'-='1TITJ50Y
North East Lincolnshire
DN320QJ

Our ref: AW/KC 20 February 2014

Dear Mr r-''''

Re: Application to State a Case

I acknowledge receipt of your letter of 13 February 2014.

As the Court has agreed to state case which was sent to you on 19 December 2013, there is no
longer cl requirement for you to enter into a recognizance.

I have enclosed with this correspondence a further copy of the case.

May I remind you that if you wish to pursue your appeal, the case must be lodged with the
Administrative Court Office at the Royal Courts of Justice within 10 days of receiving it from this
office, and within four days of lodging the case, the you must serve on the Respondent a notice of
entry of the appeal together with a copy of the case

Yours sincerely

Mrs A Watts
Justices' Clerk

PROTECT-PERSONAL
MrsAWatts
Justices' Clerk for
FiltP'
iI f'l
U Humber & South Yorkshire
Doncaster Magistrates' Court
HM Courts & PO Box 49
The Law Courts
Tribunals Service College Road
DONCASTER DN13HT

DX: 742840 (Doncaster 20)


When calling please ask for: Karen Crocken T: 01302 347303/304
Direct Line: 01302347303
F: 01302 327906
E: celine.allerton@hmcts.gsLgov.uk
karen.crocken@hmcts.gsi.gov.uk
MrN Minicom VII: 01302 369066
It
www.justice.gov.uk
-GrTmSOY ---------
North East Lincolnshire
DN320QJ

Our ref: AW/KC 1 May 2014

Dear Mr "",.a{l

Re: Application to State a Case

I acknowledge receipt of your letter of 22 April 2014.

The Court has already stated a case for the opinion of the High Court which was sent to you under
cover of correspondence dated 19 December 2013 and 20 February 2014. Accordingly the Court
will not be issuing a certificate of refusal to state a case.

I have enclosed with .this correspondence a further copy of the case.

May I remind you that if you wish to pursue your appeal, the case must be lodged with the
Administrative Court Office at the Royal Courts of Justice within 10 days of receiving it from this
office, and within four days of lodging the case, the you must serve on the Respondent a notice of
entry of the appeal together with a copy of the case.

Yours sincerely

Mrs A Watts
Justices' Clerk

Enc

PROTECT~PERSONAL
THE SECRETARY OF STATE AND LORD CHANCELLOR'S
HUMBER ADVISORY COMMITTEE ON JUSTICES OF THE PEACE

MrsA Watts Doncaster Magistrates' Court


PO Box 49
Secretary to the Humber Advisory Committee The Law Courts

Celine Allerton / Karen Crocken College


DONCASTER DN1Road
3HT
Secretary's Assistants
celine.allerton@hmcts.gsi.gov.uk Tel: 01302 347303/4
karen. crocken@hmcts.gsi.gov.uk Fax: 01302 327906

Mr Our Ref: AW/KC


?
'-~
GrimSBy---- _ Date: 16 September 2014
North East LincolnsRire-----_
DN2-" nr.'.l

DearMr~
.~.

Re: Complaint

I acknowledge receipt of your letter of 2 September 2014.

I can confirm that the complaint you made in relation to the conduct of Mr J A O'Nions Jp and Mr T
A Shepherdson Jp has been referred to the Deputy Chairman of the Humber Advisory Committee
in accordance with the prescribed procedures contained within the Judicial Conduct (Magistrates)
Rules 2014.

Having considered your complaint, in accordance with the powers available to him under the
Rules, the Deputy Chairman of the Advisory Committee dismissed your complaint in respect of
both magistrates. The decision to dismiss the complaint was made first on the basis it related to a
judicial decision made in proceedings against you which did not a raise a question of misconduct
by the magistrates, and second that the actions you have complained of were not done or caused
to be done by the magistrates. A certificate of refusal to state a case was not issued by the
Justices because they did state a case for the consideration of the Administrative Court and the
final case has been sent to you.

If you feel that the Advisory Committee has not handled this case properly, you can complain to the
Judicial Appointments and Conduct Ombudsman. Please note that the Ombudsman can only
consider a complaint about the handling of this complaint and he has no power to investigate the
conduct issue itself.

The Ombudsman will be able to investigate your complaint about the handling of this complaint if
you write to him within 28 days of receipt of the Committee's decision. After that period he will
consider whether it is appropriate to investigate it. Further information about the Ombudsman may
be found atwww.judicialombudsman.gov.uk. The office of the Judicial Appointments and Conduct
Ombudsman can be contacted in writing at 9th Floor, The Tower, 102 Petty France, London SW1h
9AJ, bye mail at headoffice@iaco.gsLgov.uk or by telephone on 020 33342900.

Yours sincerely

Mrs A Watts
Secretary to the Advisory Committee
THE SECRETARY OF STATE AND LORD CHANCELLOR'S
HUMBER ADVISORY COMMITTEE ON JUSTICES OF THE PEACE

MrsA Watts Doncaster Magistrates' Court


PO Box 49
Secretary to the Humber Advisory Committee . The Law Courts
Celine AJlerton/ Karen Crocken College
DONCASTER DN1Road
3HT
Secretary's Assistants
celine.ollerton@hmcts.gsi.gov.uk TeJ:01302347303/4
karen.crocken@hmcts.gsi.gov.uk

Mrt- Our Ref: AW/KC


,"
~------ Date: 29 May 2015
North East LincolnsmrEr-----
DN32 nf"\~

------------
Re: Complaint

I have been contacted by Judicial Office in connection with your complaint of 2 September 2014.

This matter was responded to by the Humber Advisory Committee on 16 September 2014 and I
enclose herewith a further copy of that reply.

Yours sincerely

MrsAWatts
Secretary to the Advisory Committee

Enc
THE SECRETARY OF STATE AND LORD CHANCELLOR'S
HUMBER ADVISORY COMMITTEE ON JUSTICES OF THE PEACE

MrsA Watts Doncaster Magistrates' Court


PO Box 49
Secretary to the Humber Advisory Committee The Law Courts
Celine Allerton / Karen Crocken ' \ :r College
DONCASTER DN1Road
3HT
Secretary's Assistants r ,; :
celine.allerton@hmcts.gsi.gov.uk Tel: 01302 347303/4
karen.cfocken@hmcts.gsi.gov.uk

Our Ref: AW/KC


".

Gr~ __ Date: 6 July 2015


North East Lincolnshire------
DN3" 0/"'1'1

Re: Complaint

I have been contacted by Judicial Conduct Investigations Office in connection with your
complaint of 2 September 2014.

This matter was responded to by the Humber Advisory Committee on 16 September 2014
and I enclose herewith a further copy of that reply.

Yours sincerely

Mrs A Watts
Secretary to the Advisory Committee

Enc
MrsAWatts
Justices' Clerk for
Humber & South Yorkshire
Ooncaster Magistrates' Court
HM Courts & PO Box 49
The Law Courts
Tribunals Service College Road
OONCASTER ON13HT

OX: 742840 (Doncaster 20)


When calling please ask for: Judicial Support Unit T: 01302 347303/304
Direct I in' f11~n? ~A7~"l?
E: SY&H-Secretariat@hmcts.gsl.gov.uk
Minicom VII: 01302 369066

nt www.justice.gov.uk

Grimsby
North East Lincolnshire
DN320QJ

Our ref: AW/CA 15 April 2016

Dear Mr ,.. ... _.~

Re: North East Lincolnshire Council V (\J-" .11:-


Grimsby and Cleethorpes Magistrates' Court
Application to State a Case

Further tJ your email correspondence of 25 February 2016 please find enclosed a further copy of
the final case which was originally issued to you under cover of correspondence dated 19
December 2013, and subsequently on 20 February 2014 and 1 May 2014.

You will note there have been a number of attempts to send you this correspondence and none
has been returned to this office as undelivered.

May I remind you that if you wish to pursue your appeal, the case must be lodged with the
Administrative Court Office at the Royal Courts of Justice within 10 days of receiving it from this
office, and within four days of lodging the case, the you must serve on the Respondent a notice of
entry of the appeal together with a copy of the case.

, shall be grateful if you would kindly acknowledge receipt of this correspondence and enclosure.

Yours sincerely

MrsAWatts
Justices' Clerk

Encs
MrsAWatts
Justices' Clerk for
Humber & South Yorkshire
Ooncaster Justice Centre South
HM Courts & College Road
Doncaster
Tribunals Service ON13HS

OX 703001 Ooncaster 5

When calling please ask for: Judicial Support Unit T: 01302 308300
Direct Line: 01302308300 E: SY&H-Secretariat@hmcts.qsLgov.uk

www.Justice.gov.uk

nt
Gifmsoy- ------
North East Lincolnshire
DN320QJ

Our ref: AW/CA 22 July 2016


Your ref:

I was forwarded on 5 July 2016 your email correspondence of 25 June 2016 addressed to
HMCTS Customer Service.

In reply to the key points made in your e mail I would respond as follows:

Initial Delay

It is regrettable that a delay was caused following receipt of your application to state a case. I
understand from you that you had been in correspondence with Mr Draper (Deputy Justices'
Clerk) at Grimsby Magistrates' Court for some time prior to his departure from HMCS (the
organisation was then called).

Only some time after his departure did it become clear that your matter had not been reallocated
for ongoing supervision by another member of HMCS staff was the case then escalated to me. At
the time there was no other member of staff available to whom to allocate supervision of the case.

Unnecessary Claim for Mandatory Order

In correspondence sent to you on 24 January 2013 it was made clear that the recognizance
sought by the court was not a sum of money to be paid by you. You would only become liable to
pay in the event that an appeal was not pursued by you in the Administrative Court. The figure
stated in the recognizance was not a sum you had to pay over immediately, unlike a fee for which
it subsequently became clear you were entitled to remission owing to your financial
circumstances. Until such time as you came to the magistrates' court to enter into the
recognizance required by the magistrates, no further work on preparation of a draft case could
take place. By attending court to enter into the recognizance the court would have been in a
position to review the amount of the recognizance as you could have informed the Justices of your
financial circumstances which may have resulted .in a different amount being ordered. You did not
attend as requested, thus time passed without the matter progressing much further.

Cont!
You then chose to exercise your right to go to the High Court in this matter. The magistrates' court
decided in the interests of saving public money and court time to offer to state a case
notwithstanding the absence of your having not attended court to enter into a recognizance as had
been requested of you. This did not represent any change form the court's original intention to
state a case, just a willingness not to require a recognizance before doing so.

Unanswered Correspondence to get Final Case

It is correct that not every item of email correspondence received from you received a reply for
which I apologise. However, attempts to make communication with you a little easier owing to the
almost constant requirement for me to be absent form my office to fulfil duties in accordance with
my role were not met with success as whilst you did telephone my office when I was not available
you were unwilling to leave a telephone number to enable me to return your calls.

You were sent the final case under cover of correspondence 19 December 2013. Upon receipt of
your letter of 13 February 2014 I wrote to you on 20 February 2014 to advise you there was no
need to enter into a recognizance as the Court had already stated a case and I re-sent the case to
you under cover of the same letter. I apologise that I did not follow up my email to you of 6 March
2014 as promised. When I received your letter of 22 April 2014 seeking a certificate of refusal to
state a case, under cover of a letter dated 1 May 20141 replied to say that the Court would not be
issuing a certificate of refusal to state a case as it had stated a case. I enclosed a further copy of
the case with the correspondence.

Judicial Complaint to Humber Advisory Committee

You made a complaint about the conduct of the magistrates who adjudicated upon your case in
the magistrates' court. Your complaint was referred to the Advisory Committee and was
investigated and dismissed in the exercise of the powers assigned to it. You were informed of the
outcome under cover of a letter 16 September 2014 and were advised of the right of review by the
Judicial Ombudsman.

Subsequent to this I received an email from Judicial Office on 15 May 2015 and from Judicial
Conduct and Investigations Office on 29 June 2015 which respectively both forwarded messages
from you indicating that you had not heard an outcome which in turn caused me to send you copy
of the letter of 16 September 2014 under cover of letters 29 May 20156 July 2015 respectively. In
accordance with your rights you challenged the matter first with the Judicial Conduct and
Investigations Office and second with the Judicial Ombudsman but yourcomplaint was not upheld.

In light of your indication in your email of 25 February 2016 that you had not received the case I
undertook to send this to you by 15 April 2016. Under cover of a letter of that date the case was
re-sent to you by first class post on 18 April 2016 as unfortunately my correspondence had missed
the post when submitted for posting on 15 April 2016. No correspondence that has been sent by
me to you has been returned by Royal Mail.

I acknowledge and apologise for the slight error in the post code in correspondence relating to the
Advisory Committee matter. Had this error prevented Royal Mail from delivering the
correspondence I would have expected that it would have been returned to me.

Cont!

2
If you are unhappy with this reply you may seek a review of it by contacting

Julie Collins
Cluster Manager - Humber & South Yorkshire
HMCourts & Tribunals Service
LevelS
Leeds Magistrates Court & Family Hearing Centre
PO Box 97
Westgate
Leeds
LS13JP

Yours sincerely

MrsAWatts
Justices' Clerk for Humber and South Yorkshire

3

HM Courts &
Tribunals Service
MrsAWatts
Justices' Clerk for
Humber & South Yorkshire
Ooncaster Justice Centre South
College Road
Ooncaster
ON13HS

OX 703001 Ooncaster 5

When calling please ask for: Judicial Support Unit T: 01302 308300
Direct Line: 01302 308300
E: SY&H-Secretariat@hmcts.gsi.gov.uk

www.justice.gov.uk

28 November 2016

Mrf

-----Unmsoy
North East Lincolnshire
DN320QJ

Dear Mr f':.': _
~-

I have been contacted by Customer Service who have forwarded to me your message of 17
November 2016.

Please find enclosed a copy of my letter to you dated 22 July 2016.

Yours sincerely

MrsAWatts
Justices' Clerk

Enc
HM Courts &
Tribunals Service
filE COpy MrsAWatts
Justices' Clerk for
Humber & South Yorkshire
Doncaster Justice Centre South
College Road
Doncaster
DN13HS

OX 703001 Doncaster 5

When calling please ask for: Judicial Support Unit T: 01302 308300
Direct Line: 01302308300
E: SY&H-Secretariat@hmcts.gsi.gov.uk

www.justice.gov.uk
Mri

--Grlmsoy- - -- ----
North East Lincolnshire
DN320QJ

Our ref: AW/CA 13 December 2016

Dear Mr ,.. ... _.,

I have been referred your message of 21 November directed to the Customer Service Unit in
which you ask the question:

"What formal route of complaint is available if you are unhappy with how a case has been handles
by a judge?"

I note in your message that you have already received information from the Ministry of Justice on
14 November 2016 in this regard.

To add to the advice that has already been tendered to you:-

1. Dependent upon where the proceedings in question have reached, it is possible that you may
be able to seek a Judicial Review of the way in which a judge has exercised his case
management powers in the case in question. You may wish to consider taking your own
independent legal advice before pursuing this course of action.

2. There is no doubt that the Judicial Conduct and Investigations Office may not consider
concerns about the way in which a judge exercises his/her judicial discretion in the application
of case management powers in a particular case. However, if the are concerns about the
manner in which the judge exercises those powers, ie the behaviours of the judge if it could be
said to go beyond the robustness a case deserves, eg being rude, then a complaint may
possible be considered and as such could be referred to the Judicial Conduct and
Investigations Office.

3. If the way in which a case has been handled by a judge has resulted in a decision of the court
about which an affected person (ie defendant or party to the proceedings) is aggrieved, then
that person should pursue the line of appeal available for the type of proceedings in question,
eg Crown Court, High Court, etc.

I hope that the foregoing is of assistance to you.

Yours sincerely

Mrs A Watts
Justices' Clerk for Humber and South Yorkshire