Date: Fri, Mar 21, 2014 at 4:56 AM
Subject: COMPLETE MELTDOWN OF THE INFORMATIONS COMMISSIONERS OFFICE.
Ministry of Justice,
102 Petty France,
London,
SW1H 9AJ
Attn The Rt Hon Simon Hughes MP. Secretary of State for Justice
Dear Sir
I write to you in your capacity of Secretary of for State for Justice to inform you of a complete MELTDOWN of the Information Commissioner’s Office and call for a Public Inquiry into the conduct of the Information Commissioner, Mr Christopher Graham, and the manner in which section 14(1) Vexatious exemption decisions are handed down as a “get-out-of -jail” trump card by rogue public authorities on a whim.
In particular, I refer to the Upper Tribunal decision GIA/3037/2011 dated 28th Jan 2013, Dransfield v ICO & Devon County Council. That case is still before the Court of Appeal under C3/2013/1855.
By virtue of the fact the GIA/3037/2011 is still navigating its way through the Court of Appeal process, it cannot be deemed as a Statutory Court Authority/Precedence, and any use of the GIA/3037/2011 is a breach of good law and Contempt of Court.
The GIA/3037/2011 has now been used unlawfully nearly 200 times by various public authorities, some of which should know better and certainly be aware of Sub-Judice, Stare Decisis, Due Process and common sense.
Rogue Public Authorities including but not limited to:-
1.Crown Prosecution Service , CPS
2.Home Office
3.Ministry of Justice.
4.Wilshire Police Authority.
5.Devon County Council
6.Carmarthen County Council
7.Stockport Borough Council
8.Cheshire County Council.
8.Hartlepool County Council.
9.Walberswick Parish Council
10 Wirral County Council.
11.Dorset County Council
12.Information Commissioner’s Office
It is particularly distressing that the ICO are one of the main culprits to use the vexatious trump card on a whim and their 37 page vexatious guidelines (May2013version1) is also based on my case GIA/3037/2011 Dransfield Case.
The ICO has shown flagrant disregard for their Mission Statement, which is to ” uphold the FOIA 2000″.
On the contrary, the ICO has knowingly and wilfully circumvented section 77 of the FOIA 2000 for self gain by their flagrant abuse of section 14(1) Vexatious Exemptions..
It beggars belief the ICO would attempt to use the Vexatious Exemption under section 14(1) as their first response exemption (weapon).
There is prima facie evidence of a greater conspiracy between the ICO/FTT/UT and rogue PAs nationwide to use my rogue GIA/3037/2011 as a Court Precedence.
I fully appreciate the gravity of my allegations which can be verified by a simple ocular inspection of the ICO decisions records from Jan 2013 to 20th Mar 2014.
Recommendations/Suggestion.
Call for the immediate suspension of the Information Commissioner Christopher Graham and the Upper Tribunal Judge Nicholas Wikeley OBE.
Establish exactly how many times GIA/3037/2011 has been used as a Court Authority since Feb 2013 to 20th Mar 2014. This would take a legal graduate about 1/2 day maximum; a simple search in the ICO Website decision search engine would reveal the rogue decisions.
What is particularly distressing is how many times the GIA/3037/2011 has been used by other rogue PAs which have not reached the ICO appeal system. This could be dozens or hundreds.
For your information, there is a FTT Hearing in London next Mon 24th Mar in which the ICO and the Devon County Council are solely reliant upon this rogue GIA/3037/2011 and I invite you to attend this hearing to see your judiciary at work first hand. The very least you can do is to send one of your legal observers to this hearing. This FTT hearing next Mon, at best, is a kangaroo court and at worst, a tool to assist fraud and perversion of Justice. I suggest the latter. The FTT hearing case ref is EA/2010/0152, which is under its 6th retriak and has been a live case since Feb 2008. God only knows the true cost to the public purse for this case.
I would be most grateful if you would forward this letter to the Lord Chief Justice and the Parliamentary Justice Select Committee.
With thanks
I look forward to your response
Yours sincerely
Alan M Dransfield