IR FOI 260813002 Requester Response.pdf

write under the Freedom of Information Act 2000 to request recorded information 
relating to criminal proceedings involving [...information noted but removed...] arising 
from events connected with the eviction and demolition [...information noted but 
removed...] during 1988–1989.   
 
I am seeking administrative and recorded information concerning the handling of these 
proceedings, rather than personal data contained within individual case files.  
Specifically, I request copies of, or access to, any recorded information held 
concerning:   
 
1. The prosecution in which a charge dating from 29 April 1988 alleging threatening 
words or behaviour was withdrawn because the proceedings were considered "out 
of time."   
 
2. Any records identifying:   
• 
the court in which that decision was made;   
• 
the date of the hearing;   
• 
the prosecutor involved (reported contemporaneously as [...information 
noted but removed...]);   

 
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• 
the legal basis upon which the summons was determined to be out of time.   
3. Records relating to [...information noted but removed...] appearances before the 
courts during January–March 1989, including any surviving:   
 
• 
cause lists;   
• 
court registers;   
• 
hearing lists;   
• 
minute books;   
• 
court log books;   
• 
bench records;   
• 
administrative case records;   
• 
listing records;   
• 
prosecution correspondence;   
• 
disposal records; or similar recorded information.   
 
4. Records concerning the proceedings heard in Cardiff on or about 23 March 1989, 
including recorded information showing:   
 
• 
the charges before the court;   
• 
which charges were proceeded with;   
• 
which charges were withdrawn or discontinued; o the sentence imposed;   
• 
any recorded fine;   
• 
any credit given for time already spent in custody.   
 
5. Records concerning charges arising from the November 1988 eviction of 
[...information noted but removed...], including allegations of assault and wanton 
and furious driving.   
 
6. Any recorded information concerning:   
 
• 
remand or custody records;   
• 
warrants;   
• 
bail conditions;   
• 
injunction-related court administration;   
• 
any order restricting [...information noted but removed...]  
 
7. Any retention, destruction or disposal records relating to the above court files, 
including:   
 
• 
destruction schedules;   
• 
retention schedules;   
• 
disposal certificates;   
• 
archive transfer records;   
• 
accession records;   
• 
file movement records;   
• 
records identifying when and under what authority any files were 
destroyed or transferred.   

 
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8. Any file references, case numbers, register entries or archive references relating 
to these proceedings, even where the substantive files no longer survive.   
 
If any of the requested information has been transferred to another body, such as the 
relevant archive service or another part of HM Courts & Tribunals Service or the 
Ministry of Justice, please identify the receiving body and any known reference 
numbers.   
 
If any information is withheld, please specify the exemption relied upon, explain why it 
applies, and disclose all reasonably segregable information.  If some parts of this 
request are more readily available than others, I would be grateful if those could be 
disclosed without waiting for the remainder..."  
 
The purpose of an Internal Review is to assess how your FOI request was handled in the first 
instance and determine whether the original decision was correct. This review has been 
conducted independently by a reviewer who was not involved in the original handling of your 
request. 
 
The original response stated that the Ministry of Justice (MoJ) does not hold information within 
the scope of your request for the purposes of HMCTS and MoJ administrative functions. While 
records of this nature may previously have been held by the court service, in accordance with 
applicable records management and retention schedules, court records are retained for 
specified periods and may subsequently be destroyed or transferred to an approved place of 
deposit. 
 
Having carefully reviewed the handling of your request and the rationale for the original 
response, I am satisfied that the original decision was correct and compliant with the 
requirements of the Freedom of Information Act 2000 (FOIA). 
 
Statutory Deadline 
 
The statutory deadline for your request was the 3 September 2026, and the response was 
provided on the 12 August 2026. Therefore, the response was compliant with the timeliness 
requirements of the FOIA.   
 
Outcome 
 
An FoIA Internal Review re-considers all aspects of the original response, including the decision-
making process; therefore, in the interests of fairness, I have considered the original response 
provided to request FOI 260813002 alongside the decisions made to provide this response.   
  
I have also considered relevant Information Commissioner’s Office (ICO) guidance, which can be 
found in full here: Freedom of information guidance and resources | ICO and here: How to 
access information from a public authority | ICO.  
 
Having completed my review, I remain satisfied that the Ministry of Justice does not hold 
recorded information falling within the scope of your request for the purposes of section 
1(1)(a) of the FOIA. 

 
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I have also considered the age of the records requested. In accordance with relevant retention 
schedules, such records may have been destroyed or transferred to an approved place of 
deposit following the expiry of the applicable retention period. 
 
The FOIA provides a right of access to recorded information held by a public authority at the 
time a request is received. It does not require a public authority to create information, recreate 
records, or obtain information from another organisation in order to respond to a request. 
 
As the records referred to in your request are 37 years old, it is likely that any records which 
were retained beyond their operational purpose would either have been lawfully disposed of in 
accordance with retention arrangements or transferred to an archive repository.  
 
Accordingly, I remain satisfied that the Ministry of Justice does not hold the requested 
information for the purposes of section 1(1)(a) of the Freedom of Information Act 2000. 
 
In accordance with our duty to provide advice and assistance under section 16 of the FOIA, 
you may wish to contact Glamorgan Archives, which may hold historical records transferred 
from HMCTS. Further information can be found on the Glamorgan Archives website. 
 
Please refer to the following website - Home - Glamorgan Archives. 
 
Yours sincerely 
 
 
KILO 
Operational Support  
National Support Unit  
HM Courts & Tribunals Service 
 
 
Appeal Rights 
 
If you are not satisfied with this response, you have the right to apply to the Information 
Commissioner’s Office (ICO). The Commissioner is an independent regulator who has the power 
to direct us to respond to your request differently, if they consider that we have handled it 
incorrectly. 
 
You can contact the ICO at the following address: 
 
https://ico.org.uk/make-a-complaint/foi-and-eir-complaints/ 
 
Postal address 
Information Commissioner's Office 
Wycliffe House 
[address redacted]
Wilmslow 
Cheshire 
[address redacted]
 

 
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