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Alan Dransfield's Blog

Freedom of Information and Health and Safety

This blog is aimed at shaming those who ignore health and safety and those who abuse the Freedom of Information Act out of laziness, corruption or to cover up incompetence.

Deplorable actions by Chester West and Chester Council

Robert Pickthall RIP Posted on Sat, October 05, 2019 07:25:30

The following letter is from the ICO and 4 days later the Chester West and Chester Council initiated custodial sentence action against Rob Pickthall.

Subject: Data Protection Complaint – Cheshire West and Chester (SAR 11.3.19)[Ref. RFA0841076]

11 July 2019

Case Reference Number RFA0841076


Dear Mr Pickthall,
 
Thank you for your complaint against Cheshire West and Chester Council. This case has been given the following reference number RFA0841076.
 
Your complaint states that the Council have failed to respond to you subject access request of 11 March 2019.
 
The ICO’s role 

Part of our role is to consider complaints from individuals who believe there has been an infringement of their data protection rights.
 
The law says we must investigate data protection complaints to an appropriate extent. We will put most of our effort into dealing with matters we think give us the best opportunity to make a significant difference to an organisation’s information rights practices.
 
Depending on the circumstances, we will decide whether or not to take action against the organisation and what form our action will take. We do this by taking an overview of all concerns that are raised about that organisation with a view to improving their compliance with the data protection framework. Our decision will not affect your ability to enforce your rights through the courts.
 
Our View
 
We have considered the information available in relation to this complaint and we are of the view that the Council has not complied with their Data Protection obligations in this instance.
 
As such, we have now asked the Council to respond to you directly as a matter of priority.
 
Further Action
 
We do not consider that any further action from the ICO is necessary at this time and we do not intend to pursue this complaint any further. However, please be advised that we keep a record of all the complaints raised with us about the way organisations process personal information. The information we gather from complaints may form the basis for action in the future where appropriate.
 
Right to judicial remedy and compensation [GDPR Articles 79 & 82]
 
Individuals have the right to take proceedings to court if they believe their information rights have been infringed. This means that if a court is satisfied that the individual’s rights have been infringed it may order the controller or processor in question to take steps to comply with its Data protection obligations. Individuals who have suffered material or non-material damage (such as distress) as a result of an infringement may also be able to receive compensation from the controller or processor.
 
Please be advised that this is not a process with which the Information Commissioner’s Office is able to assist and we recommend that you seek independent legal advice if you wish to pursue this course of action.
 
Thank you for bringing this matter to our attention.
 
Yours sincerely,
 
 
 
Amy Higginson
Lead Case Officer



Robert Pickthall cremated 13/9/19 in secret.

Robert Pickthall RIP Posted on Wed, September 18, 2019 07:23:31

Robert Pickthall was cremated  last Fri 13th September 2019. Several members of the general public and friends of Mr Pickthall have been denied saying their final farewells and he was given a secret funeral.  Robert Pickthall wished not to be cremated.



FOI request re Robert Pickthall.

Robert Pickthall RIP Posted on Sun, September 15, 2019 09:01:24

Cheshire West Chester Council

15/9/2019

Dear Sirs

Under the protection of the FOIA 2000 please provide me with PDF copies  of the following :

1. Internal Audit reports on Robert Pickthall’s emails and letters to the CWCC  between  2011 and 2014.

2. Please provide me with a copy of the invoices from Adam Speker or the 5RB for legal services  on the Robert Pickthall’s case between 2015 to Aug 2019. Invoices to include  accommadation, food, travel, beverages, personal assistants etc.

Under normal circumstances I would expect to find such information on your website,  but I cannot locate this data, hence my FOIA request.

With thanks

Yours sincerely

Alan M Dransfield



Comments from Andrew Love, 5RB.

Robert Pickthall RIP Posted on Sun, September 15, 2019 08:53:16

On Wed, Sep 11, 2019 at 11:44 AM Andrew Love <andrewlove@5rb.com> wrote:

enquiries@cheshirewestandchester.gov.uk; andrew.lewis@cheshirewestandchester.gov.uk

Dear Mr Dransfield,

As you have requested, I have shown your email of 30th August complaining about Adam Speker to one of our Joint Heads of Chambers, Desmond Browne QC.

Before his sad death, Mr Pickthall had made numerous complaints about Mr Speker, which were considered by Mr Browne. In order to understand the background to the complaints, Mr Browne read carefully the judgments over the years of Mr Justice Edis, Mr Justice Holroyde and Mr Justice Soole. As we previously indicated to Mr Pickthall on more than one occasion, we considered his contentions to be misconceived in both fact and law.

In these circumstances, I am afraid that we will not be entering into any further correspondence about this matter.

Yours faithfully,



Robert Pickthall RIP

Robert Pickthall RIP Posted on Wed, August 28, 2019 21:18:42

There is demonstrable, tangible evidence that Robert Pickthall took  his own life due to a campaign  of bullying, harassment and gross perversion of justice by Cheshire West and Chester Council and Councillors. The CWCC have led a campaign of character assassination against Mr Robert Pickhall who was a good spirited  honourable citizen who was merely attempting to hold his Councillors accountable. The crux of his suicide was the 1200 purported emails which were never revealed at Rob Pickthall’s Court Hearings.

Fom: JAMES RICHARDSON 
Date: Sat 10/08/2019 22:03

ROBERT PICKTHALL SUICIDE JUDICIARY CORRUPT

VIA ALAN DRANSFIELD ON FACEBOOK 

Written by Karen.

As you may already be aware, our dear friend and fellow Campaigner Robert Pickthall tragically passed away last week.

Before Bob was due to appear before Queens Bench at Manchester for a committal hearing brought by Cheshire West and Chester local authority, Bob had finally had a decision by the ICO found in his favour for CWAC to finally produce his data, he believed this is why CWaC the next day issued committal proceedings. With the ill health he suffered after being imprisoned in 2016 for again attempting to clear his name he feared he would not survive another custodial sentence.

Bob simply wanted to clear his name of being accused by CWaC of sending 1200 offensive and harassing emails after he discovered wrong doing at CWaC, not one Judge throughout the whole of the judiciary ordered or directed disclosure of at least one of those alleged emails, one Judge did state if the matter came back before him CWaC would disclose, true to form as we know CWaC boast of hand picking their judges, the matter never came back before that judge.

Bob felt he had no choice but to say goodbye to us all and stood in the path of an express train, knowing the horrendous injustices he was suffering would come to an end for him, with those left behind being pained by his loss, he did not want to leave us but felt he would not again have a fair hearing after discovering CWaCs committal hearing was listed before a judge who had previously resided and knew the emails did not exist.

Before the injunction was issued in a civil court, CWaC had referred the matter to Cheshire Police, who arrested Bob, searched his property whilst he was held in custody, removed all of his electronics/digital items, had them checked by forensics to search for any offensive or harassing emails having been sent, not one was discovered, of course no further action was taken, CWaC needing to silence him from exposing them then went down the civil route in a County Court, where they were granted their injunction based on a written affidavit stating emails existed with no production of a single email.

Bob has attempted over time to engage with, solicitors, barristers, judges, local authority chief executives, MPs, Councillors, Chief Constables, Attorney Generals, journalists the list is a long one of over 700 of those in positions to help clear his name, not one allowed their conscience to step up and look into or carry out their duty, not a one.

I know some had become aware of Bob.s passing, I hope you all understand as I was respecting the wishes and request of Bob’s next of kin to not release any information until her son was informed on his return on Monday and you all understand why I could not share events that unfolded. Condolences and wishes have all been passed on.

Goodnight to our true friend, you can now watch from the skies whilst your good name is cleared so you can RIP.
Our thoughts go out to Bob.s loved ones, the train driver and emergency services who attended xxx


https://www.justicewatch.co.uk/chester-council-still-refusing-foi-re


“In July 2015 the High Court granted Cheshire West and Chester Council’s application for an injunction against Robert Pickthall under the Protection from Harassment Act 1997. The order includes prohibitions on him:

o Directly or indirectly contacting or attempting to contact any Cheshire West and Chester Council employee or Councillor by any means;

o Publishing to the public at large by any means any allegation that any employee, former employee, officer or former officer
of Cheshire West and Chester Council is dishonest or is engaged in or is suspected of being engaged in corruption or criminality of any kind.

He was given a suspended prison sentence in December 2015 for breach of the injunction order made by the High Court. Following further breaches of this order, on 20 July 2016 he was sentenced by a High Court judge to three months imprisonment. The judge also struck out three claims brought by Mr Pickthall against Cheshire West and Chester Council as being totally without merit. The Court also ordered Mr Pickthall to pay the costs of the legal action.

We would advise you that the Injunction Order also states:

“ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS THE DEFENDANT, ROBERT PICKTHALL, TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED””

https://www.cheshire-live.co.uk/news/chester-cheshire-news/northwich-man-jailed-campaign-against-11641708

It is  understood that Cheshire Police searched Robert Pickthall’s laptop sometime in 2015/16 and failed to find any credible evidence of abusive emails.  A letter from Amy Higgerson on the 11th July this year in essence instructed  the CWCC to release all Rob Pickthall’s personal data which would include the 1200 ghost emails. On the very next day the CWCC applied to the Manchester High Court to commence custodial sentence.

https://www.judiciary.uk/wp-content/uploads/2016/07/coc-pickthall-transcript-20072016_.pdf

Mr Pickthall’s own words.