Petitions

Thursday 19th December 2013

(10 years, 4 months ago)

Petitions
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Thursday 19 December 2013

Housing Development off Hillside Close (Bozeat, Northamptonshire)

Thursday 19th December 2013

(10 years, 4 months ago)

Petitions
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The Humble Petition of the residents of Bozeat, Northamptonshire and the surrounding areas,
Sheweth,
That the proposed housing development, application number WP/2013/0332 on the land off Hillside Close, Bozeat, is unacceptable because the scale and location of the development is out of character with the village and would extend the village boundary.
Wherefore your Petitioners pray that your Honourable House urges the Department for Communities and Local Government, and the Borough Council of Wellingborough to work together to ensure that this development does not occur.
And your Petitioners, as in duty bound, will ever pray, &c.—[Presented by Mr Peter Bone, Official Report, 11 November 2013; Vol. 570, c. 774.]
[P001289]
Observations from the Secretary of State for Communities and Local Government:
The Borough Council of Wellingborough is responsible for the day-to-day planning of their area. The Government’s policy is not to interfere with the jurisdiction of a local planning authority unless it is necessary to do so. This is because local authority Councillors are elected to represent the views of local people and, in the main, it is these Councillors who are in the best position to decide whether a development should go ahead. In determining a planning application the local planning authority are required to have regard to all material considerations including the development plan, national policies and views expressed by third parties. It is, of course, for local planning authorities to provide whatever justification that may be appropriate to give for their decisions and procedures.
Officials have been in contact with planning officers at the Borough of Wellingborough Council. If the Council are minded to approve the planning application the Secretary of State will carefully consider this case against call-in policy, as set out in the Written Statement by the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Grantham and Stamford (Nick Boles), Official Report, 26 October 2012, column 71WS. The policy makes it clear that the power to call in a planning application will only be used very selectively. The Government are committed to giving more power to councils and communities to make their own decisions on planning issues, and believes planning decisions should be made at the local-level wherever possible.

Certain Care Proceedings in Birmingham

Thursday 19th December 2013

(10 years, 4 months ago)

Petitions
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The Petition of a mother living in Birmingham, Yardley,
Declares that the mother was betrayed by her barrister Andrew Neaves in care proceedings in Birmingham.
He allowed the judge to conclude that she accepted the need for a care order when she clearly did not.
Also, in cross examining his own client he asked and she responded:
Q. I think in these proceedings you have already made a number of statements, which we see in the bundle and also on your behalf a response to the threshold has been made, which resulted in an agreed threshold document. Is that right?
A. Yes.
Q. And is what you have said in the course of your statements to this Court true and accurate?
A. Yes.
Q. I am not going to take you in detail to your statement. What I am going to ask you about are matters in particular of more recent moment, but before I do I want to ask you first of all about the threshold document that has been agreed in this case. Do you accept that the threshold document contains agreed information before the Court, which illustrates that in the past your parenting has not been good enough?
A. Yes.
Following this District Judge Asokan concluded in her judgment of 26th September 2012 paragraph 21:
“All the parties agreed that the threshold criteria pursuant to s.31 of the Children Act 1989 has been met. I am therefore, empowered to make an order in this instance.”
The mother, however, did not agree that the threshold criteria had been met merely that the facts in the threshold criteria were true. The mother takes the view that the threshold criteria do not meet the threshold of “significant harm” as referred to in the Children Act 1989. The threshold criteria referred to accidents that happened to the children, an attempt by a child to open the door of a clothes dryer, an attempt by the young children to leave the house when a visiting Social Worker left the front door open, having a Staffordshire Bull Terrier dog that sat on a child’s torso and having inadequate stair gates.
The mother appealed the decision and HHJ Hindley refused permission to appeal. This had the effect of preventing the case and the malpractice of Mr Neaves from being considered by the court of appeal and was refused on the basis of jurisdiction by the court of appeal on 26th September 2013 reference [2013] EQCA Civ 1158. Furthermore the appeal was considered to be out of time because of a delay in obtaining a judgement. HHJ Hindley argued that because the mother had a barrister at the hearing in court of first instance that it was possible to appeal without the judgement. However, given that the mother’s argument is that her barrister undermined her case it would be quite surprising if the barrister had assisted her in putting that argument to an appellate court.
The Petitioner therefore requests that the House of Commons establishes an inquiry into her case and the general difficulty faced by parents getting their cases considered by the appellate system particularly when victims of malpractice by legal advisors and whether the Access to Justice Act 1999 should be changed to ensure that all cases can be considered at least on paper by the Court of Appeal.
And the Petitioners remain, etc.—[Presented by John Hemming, Official Report, 8 October 2013; Vol. 568, c. 1P.]
[P001224]
Observations from the Secretary of State for Justice:
First I should say that we make no comment on the allegations made in the petition against the barrister acting for the mother in this case. The legal profession is independent and self-regulating and there are independent regulatory authorities in place to address any allegations of conduct matters.
As to the Petitioner’s request to review this particular case the President of the Family Division, Sir James Munby, was very clear in his judgment and summarised his findings as follows:
“As will be appreciated, this is not, as the mother asserts, a second appeal. It is an attempt to appeal not against a decision on appeal but from a decision of an appellate court—here Judge Hindley — to refuse permission to appeal to that court. Accordingly, section 54(4) of the Access to Justice Act 1999 applies (see also FPR PD30A, para 4.5):
“No appeal may be made against a decision of a court under this section to give or refuse permission”.
The President therefore considered that the application was fundamentally misconceived. The full judgement in this case can be found at:
http://www.bailii.org/ew/cases/EWCA/Civ/2013/1158.html.
With regards to the proposal that all cases should be considered by the Court of Appeal, the rationale for re-routing appeals away from the Court of Appeal has been established in history. Principles specifically applicable to the appeals process in family cases, which were set out in “Review of the Court of Appeal (Civil Division): Report to the Lord Chancellor” by Sir Jeffrey Bowman in 1997, included that:
“Certain appeals which [formerly reached] the Court of Appeal should normally be heard at a lower level provided that they are heard by a court or judge with a superior jurisdiction to the court or judge who made the first instance decision” 1.
The Bowman Review recommended the establishment of a specialist committee to rationalise the routes of appeals in family cases and to bring them in line with the underlying principles outlined for civil appeals. The Lord Chancellor consulted on specific proposals for implementing reforms to the family appeals system. The relevant recommendations were enacted in the Access to Justice Act 1999.
There are statutory rights of appeal to the Court of appeal from the determination of a judge of a county court (section 77 of the County Courts Act 1984) and from a judgment or order of the High Court (section 16 of the Senior Courts Act 1981). In line with the policy of the Bowman Report outlined above, the general position in family proceedings is that appeals from decisions made at district judge level and below in a county court and High Court are taken away from the Court of Appeal and routed to a county court or the High Court as the case may be. The power in section 56 of the Access to Justice Act 1999 has been used to achieve this rerouting (see the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011 (S. I.2011 /1044). An order under section 56 is made by the Lord Chancellor after consulting the Heads of Division and follows the affirmative resolution procedure.
Circumstances remain where the Court of Appeal hears the appeal. Section 57 of the Access to Justice Act 1999 enables appeals to courts other than the Court of Appeal or the Supreme Court to be re assigned to the Court of Appeal. Where a judge of a county court or of the High Court makes a decision on hearing an appeal, a second appeal to the Court of Appeal is possible where the Court of Appeal considers that the appeal would raise an important point of principle or practice or there is some other compelling reason for the Court of Appeal to hear it.
Looking at the appeals procedure more generally a party who is dissatisfied with the decision of a district judge has a right of appeal to a judge of the county court subject to obtaining permission to appeal. No permission is required against a committal order or a secure accommodation order under section 25 of the Children Act 1989.
An application for permission to appeal may be made to the court at the hearing at which the decision to be appealed was made or to the appeal court (which would consist of a judge of a county court where the decision being appealed was made by a district judge). Where the court refuses an application for permission at the hearing at which the decision to be appealed was made, a further application for permission may be made to the appeal court. Rule 30.3 of the Family Procedure Rules 2010 is the relevant court rule relating to applying for permission. And this is supported by paragraphs 4.1 to 4.24 of the Appeals Practice Direction 30A. As the President stated in his judgment on this case section 54(4) of the Access to Justice Act 1999 provides that there is no appeal against a decision to grant or refuse permission to appeal.
The time limits for appealing are set out in rule 30.4 of the Family Procedure Rules 2010. The general rule is that the person who brings or seeks to bring the appeal must file the appellant’s notice at the appeal court within such period as may be directed by the court which made the decision to be appealed or where that court does not make a direction, the appellant’s notice must be filed 21 days after the date of the decision which the person wishes to appeal. The period for filing the notice by the court which made the decision to be appealed may be longer or shorter than 21 days. Rule 30.7 provides that an application to vary the time limit for filing the notice must be made to the appeal court. The case management powers in Part 4 of the Family Procedure rules give the court power to extend or shorten the time for compliance with a rule, practice direction or court order (even if an application for extension of time is made after the time for compliance has expired).
The Family Procedure Rule Committee consulted on certain amendments to the appeals rules in a targeted consultation of interested parties between 27 July and 20 September 2013. They are now considering amendments to the rules and supporting practice directions in consequence of the setting up of the new family court. Consideration is also being given to the routes of appeal from decisions of judges as part of the work related to the setting up of the new family court.
1Recommendation 10. “Review of the Court of Appeal (Civil Division): Report to the Lord Chancellor”. September 1997. Department for Constitutional Affairs. p.141.

Use of Statistics by the Department for Work and Pensions

Thursday 19th December 2013

(10 years, 4 months ago)

Petitions
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The Petition of residents of the UK,
Declares that the Petitioners believe that Mr Iain Duncan Smith, the Secretary of State for Work and Pensions, has used incorrect facts and statistics relating to the Disability Living Allowance; and further declares that an online petition demanding that the Work and Pensions Select Committee holds Mr Duncan Smith to account for his use of statistics has gathered more than 105,000 signatures.
The Petitioners therefore request that the House of Commons urges the Work and Pensions Select Committee to question Mr Duncan Smith at their earliest convenience to hold him to account for his use of statistics and further requests that the House requires Mr Duncan Smith to retract any incorrect statistics that may have been circulated in the public domain by his Department.
And the Petitioners remain, etc.—[Presented by Liz Kendall, Official Report, 19 November 2013; Vol. 570, c. 20P.]
[P001296]
Observations from the Secretary of State for Work and Pensions:
The comments in the Petition from Residents of the UK dated 19/11/13 have been noted. The Department for Work and Pensions (DWP) takes great care to ensure that the statistics it releases into the public domain are accurate and this is underpinned by robust procedures for assurance.
DWP has strict guidelines and procedures in place around the publishing of statistics. All statistical releases must comply with the Code of Practice as governed by the UK Statistics Authority.
A Work and Pensions Select Committee took place on 9 December 2013 during which the Secretary of State answered questions specifically relating to DWP statistics and his own use of those statistics. This followed a Work and Pensions Select Committee Hearing on 10 July 2013 at which DWP’s Director of Communications and the Head of Profession for Statistics gave evidence, both regarding the release of statistics and the measures in place to ensure these are accurate and complete. Both hearings were part of routine Parliamentary procedures by which the Department and its Ministers are held to account. The minutes are published by Parliament: http://www. parliament.uk/business/committees/committees-a-z/ commons-select/work-and-pensions-committee/publications/.
DWP has made around 500 statistical releases available since 2010. In that time, DWP Ministers have received just two letters from the UK Statistics Authority, raising concerns from them about the Department’s use of a particular statistic—although neither of these related to Disability Living Allowance.
Almost all of DWP’s main statistical series have been accredited by the UKSA Statistics Authority as complying with the Code of Practice for Official Statistics. The few that remain are currently awaiting assessment. This shows that the controls in place for the release of statistics are effective in ensuring statistics released are accurate and comply with the Code of Practice.