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dawnporter

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Everything posted by dawnporter

  1. dawnporter
    No, this County court is in Hertfordshire...
  2. dawnporter
    Yes... i was just thinking the same..... BUT if i do the above this and if it is denied....how does that affect the time limit for Judicial review? that is... I apply for a set aside and i am giving a Court date that is 6 months down the line(they always do this in my case)...then my application is refused...Can i still apply for a Judicial review to look at the decision ..or would the time limit to apply for a JR have expired by then? I guess i really do not have a choice ...as i have to show that i have exhausted all my options in the lower courts to the High Court if i put in an application with them...I am going to apply for a set aside asap and PAY out of pocket so it can move faster and we will see what happens... I have already sent them a pre action protocol letter so they know i plan on taking this far...hopefully that and the other complaints i have on file against them will prompt them to stop screwing around with my case.... I just want my case transferred from this crazy Court..I am not asking for much....
  3. dawnporter
    He is referring to the application i made to the High Court- Administrative branch to look into the actions of the Council and for me to get permission to ADD them onto the case..the aforementioned IS LAW in my type of case... they are the 2nd defendant...However they were already added to the case- but i was not aware that permission needed to be obtained from the high court before doing this..The Judge who added them to case was clearly not aware either... So on the day of the hearing Aug 10th....the Distict Judge said even though i had an application PENDING to add the 2nd defendant ...he will still Strike out the case against the 2nd defendant..
  4. dawnporter
    I don't need to give any details about the case i have read set out there reason WHY...my questions is NOT about my case...it about but the process i can go about getting around the decsion of this deputy JUDGE.. Details of case is irrelevant when i all i am trying to do is GET MY CASE TRANSFERRED...
  5. dawnporter
    In this TYPE of case...YOU DO... THE DISTRICT JUDGE STUCK OUT THE CASE AGAINST (THE COUNCIL) THE 2ND DEFENDANT DUE TO MY NOT HAVING PERMISSION FIRST FROM THE HIGH COURT...
  6. dawnporter
    I did not apply for a Judicial review of decision from the District judge...where did you read that at?...I said the District Judge placed a STAY on the case pending the application i made to the HIGHT COURT to ADD the second defendant...this is a requirement by the law when SUING your local Council...The Distict judge wanted us to wait for the results before proceeding with transfer of my case to the High Court...
  7. dawnporter
    The Decision made by the deputy Judge is not right or fair as case against the second defends has BEEN STRUCK OUT....so what different does it make if i get permission or not or if they are added? I need to get my case transferred away from this crazy Court and the Deputy Judge's decision is just a STALLING tactic.. You can apply for a Judicall review of you feel a decision made by he Government agency is Unfair, or bias....you don't need to quote points of law as one would do in an appeal....i think you getting an appeal and Judical review requirement confused.... Any case i will see what CAB of the High Court has to say and just KEEP IT MOVING.. thanks...
  8. dawnporter
    Because i did make an application to the County court to ADD the second defendant...they added them...then i found out that permission was needed to add this particular defendant from the High Court.. thats why the Case against the 2nd defendant was stuck out by the District Judge as no permission had been received from the HC saying that i could add them...
  9. dawnporter
  10. dawnporter
    The District Judge said, It is ordered that: The claim against the 2nd defendant is stuck out The Ist defendant's application for claim against them stuck out or summary Judgement is dismissed. The claim against the 1st defendant and claimant's application for the case to to be transferred to the High Court are stayed pending the outcome of any application by Claimant for permission to claim against the 2nd defendant (which must be made to the High Court). 5) Either party may apply (on notice to the other part) for the stay to be lifted and for further directions(depending on outcome of any permission application referred above) After i received correspondence from the High Court...The permission i was seeking to add the Second defendant to the case (they are the local council and you can't just sue them willy nilly you have to get permission) was denied due to the fact that i applied to the Administrative court rather that the Queenn's Bench division of the High Court... and also the application was out of time... Time limits are very essential in cases such as this.. Anyways the deputy Judge said: It is ordered that the application (to life the stay) is dismissed becasue the order dated Aug 10 Imposed a stay pending the outcome of any application by the Claimant for persmission to claim against the 2nd defendant. The Claimant's application dated 23 Aug exhibits and order from the Administrative court which indicates that the claimant applied to the wrong Court for judicial review, whereas the claimant should have applied to the Queen's Bench Divisions of the High Court for permission to being civil proceedings... The claimant has therefore not get applied to the High Court for permission to claim against the 2nd defendant..so the claim remains stayted pending that application under paragraph 4 of the order dated Aug 10 Ok so the above is nonsense as 1) I CHOSE to add the second defendant 2) the claim against the 2nd defendant is STRUCK OUT...3)it was NOT mandated by the Court that the 2nd defendant MUST be added to the case before it is can be transferred. The District Judge (whom i felt was very fair) imposed the stay to keeps things from getting messy...he said he wanted information to come back from the High Court regarding wether i will be able to add the 2nd defendant- before transferring my case to keep the case UNIFORM... I told you this is very complicated.... At the bottom of the letter from the Deputy Judge it says: ..This order was made without an hearing. Any party affected by it may apply within 7 days of service for it to be set aside , varied or stayed. The order was made Sept 16,...and i did not get the letter until Oct 12...
  11. dawnporter
    Because i cannot appeal this particular decision, and a Judicial review is used to look into decisions made by Government agencies- (including the Lower Courts) to see if said decision was lawful and fair.
  12. dawnporter
    Thanks..the case is extremely complicated and it involves agencies the County Court itself works with such as: the Police, Local Council, NHS..and a decision made by one their judges....If I write down details of the case it will take 3 pages then a whole discussions re merits of the case will start... and i don't feel like getting into that ... I also do not want to reveal too much bout the details of the case- as i know that persons such as law enforcement, and people who work for government agencies browse these forum- and i my case is so unique that i can be easily identified,... Besides the details of the case is really irrelevant at this point... as i am more focused on getting around this deputy Judge so i can get my case transferred to the High Court. Again, a District Judge(who is in a higher position that the deputy Judge) already made an order that my case was to be transferred to the High Court, after correspondence regarding another defendant was received from the High Court..I met these conditions and sent in the letter ...Yet this deputy Judge is saying something completely different from what was set out by the District Judge... and he is refusing to lift the stay on my case so it can be transferred. It is pretty much a stalling tactic as they do not want my case transferred the High Court. I should have just started the WHOLE case at the High Court level- as i did not know corruption runs so rampantly in the lower Courts. In any case, i will give CAB for the High Court a shot....I will put in a Judicial review application (there is a 3 month time limit)..if i am denied with no merit...I can always go to the Court of Appeals.. ... Getting the attention of the Higher Courts to look into this matter is my end goal anyways- so they may have just provided me with an opportunity to do just that..
  13. dawnporter
    Hi guys, Just to let you know before i begin, I do have an appointment with the Citizens advice for the Royal Court of Justice regarding this matter...But i just wanted to present the issue here as i have little faith in the CAB...Plus my experience on this forum has always been that you guys give great advice ....or at-least point folks seeking information in the right direction. Now the issue is that i want to apply for a Judicial review against a decision made by a Deputy District Judge at a County Court. This decisions relates to to the application i made to get a stay lifted off my case so the proceedings can be transferred to the High Court. The Stay was placed on my case by a District Judge pending an application i made regarding adding another defendant to the High Court. The conditions of the stay was that after i receive correspondence from the High Court (regarding adding the other defendant), myself or the other defendants on the case could apply to get the stay lifted. I met the conditions set out by the District judge, but when applied to get he stay lifted- a deputy district judge denied the application... pulling out reasons out of the thin air that was not set out by the District Judge.. The Deputy Judge denied the application to get the state lifted without a hearing.... So rather than keep messing around with this particular county Court, i want to apply for a Judicial review...My case has been stuck at the beginning stage even though it has been in their system for a year and a half...I am a litigant in person...and i feel as if the County court itself is using this reason to treat me very unfairly......If i go into the details of the case the reason i feel this way will be come obvious... So my question is: Is getting a Judicial review to look into the decisions of the This deputy Judge my best option?....I have already sent them a 14day pre action protocol letter, and the time has expired....There was no option to appeal set out in the letter that was to me denying my application....
  14. dawnporter
    Link keeps acting funny... ..in any case google the case and see for yourself...and it was a Judicial review..
  15. dawnporter
    I doesn't matter what you disagree with the law is quite clear...You don't seem to understand that power of 135(1)(2) gives authorities powers to take away the Human Rights of Citizens in their own home....The authors of the MHA of course know this..thus they set very CLEAR protocols to follow when this power is being used by Police, SW, Hospitals, and even the Justice of the peace who signs the warrant... You keep going around in circles...i never i said i was witness...and you are speculating re: if she had on slippers vs nighties.. I was not there and neither were you... All I know there is no WRITTEN official complaint pertaining to this accusation, just the WORDS of a SW-whom she never met prior to her showing up with 135 warrant... The MHA says social worker must have some kind of substantiated proof to back up their assessments... The police powers under the MHA is completely different however..but they are staying out of the matter. Furthermore there is NO record of any type of 135 warrant in her hospital record..nor do doctors state in thier notes, what kind of warrant was used when she came in hospital. So if i was a witness, what does my suspension have to do with the authorities not having the correct paper work -which shows how this person was taken into hospital? jeepers creepers.. Caselaw...R (Sessay) v South London and Maudsley NHS Foundation Trust (2011) EWHC 2617 (QB) I am highlighting the paragraph below to show the Law says, Hospitals, police, can't just switch the type of MHA powers they are activating to hold a person...even if the person is brought in by police... The Claimant according to nursing and doctors ''was showing signs of psychotic illness''... Personally i don't believe them...as i have plenty experience with NHS staff- and i know they can LIE like a RUG LOL..However the point i am making is that she still won (even though they claimed to have witnessed her ''psychosis) due to the hospital and police getting wrong- the paper work and the MHA powers used to bring her in... Further in our view the Trust has failed to establish lawful justification for the detention. The Trust recorded that the Claimant was "brought in on a Section 5(6)", that being a reference to ss.5 and 6 MCA. In fact as the Second Defendant now accepts ss.5 and 6 MCA "do not confer on police officers authority to remove persons to hospital or other places of safety for the purposes set out in sections 135 and 136 of the Mental Health Act 1983" (see para 4 above). It is clear from the actions of the Trust members of staff that they understood that the Claimant was being detained in the suite under s.136 MHA. As a matter of law that was not correct. That being so there was no lawful justification for the Claimant's detention. The fact that the Trust may lawfully have detained the Claimant under ss.2 and 4 MHA does not assist the Trust, having detained the Claimant unlawfully under other powers. http://www.mentalhealthlaw.co.uk/R_(Sessay)_v_South_London_and_Maudsley_NHS_Foundation_Trust_(2011)_EWHC_2617_(QB)
  16. dawnporter
    Ok will do when i get to a comp..... i am on my mobile...the person sectioned won her case..
  17. dawnporter
    1) This matter does not pertain to a 136..police powers...never said it did. 2) 135 can allow police forced entry..but like i keep saying over an over again ..police have denied taking out a 135 (1). LOL 3) language on the 135 (2)states "patient"..this implies the person is already in hosp. 4) 135 (1) is what is used gain access, and transport persons so doctors can do a mental health assessment. However she claims SW and docs assessd her and sectioned her in the house, 5) Law says if a 135 warrant is invalid ...then the section is unlawful. 6) It does not matter where i am from, I work in the nursing field, and i can read English.. Thank you for the lawyer susgestions.. So do you have a general idea pertaining to my original question?
  18. dawnporter
    I am not trying to be rude and get banned on here or whatever...But it seem folks aren't reading my posts before commenting...firstly you don't complaint to the ICO because you feel someone stole your animal crackers.....You go the the ICO when a Public Body is refusing to release your records.. Court clerk kept giving excuses for 4months re: sending a copy of the type of warrant filed.. I stated this clearly.. The Hospital responsible for holding her for 7weeks against her will should not be immune from answering questions... the Social worker works under a License.. And the Lawsuit is against the Trust, and only the Trust...for now... I have made this quite clear in several different posts.
  19. dawnporter
    Thanks...But i never said the case was against the police...and social worker works for the Trust. Evidence is needed to prove a hold was not legal..So if no one wants to talk i.e housing association..police etc..you file a complaint with relevant governing bodies to get official statements.. The aforementioned entities- enabled a social worker with a BUNK warrant to gain access and transport this person into hospital. 1+1=2 I guess no one has the answer pertaining to my original question?.. Re :Solicitors... This is what i have been told off the record..and i never said i spoke to them on her behalf, and we know about the legal aid option. If you 'execute' a warrant then you need to have a copy of said warrant on file... As per the same MHA they used to gain access to a private citizen's accommodations. LOL.
  20. dawnporter
    This is an historical matter, she was held for 7weeks, then discharged before she could face the MH Tribunal. I have already said the only warrant the Courts have her in HER name, taken out by the Social worker- on the date she was sectioned is a 135(2) MH warrant. However Social worker gave her a copy of a 135(1)warrant, with no name and a slightly incorrect address...she cooperated with them, as they where in her HOUSE. When she got to hospital, she asked over and over again to see the original warrant but hospital said it was lost. The above is unacceptable and it is against standards of the MHA...one does not need a ''Specialist'' to understand this. She told hospital management her detention was unlawful in writing and she wanted to be let out, but was ignored. I got involve in the situation a month after she was discharged. This is when i started applying for the various documents, and i uncovered all the inconsistencies... This event occurred last Sept, can't find a Barrister or Solicitor to represent- and Human rights cases have a year time limit. The only thing working against her, is that her family have essentially abandoned her. No one worked to get her released while she was being detained. Thus the authorities felt they had the 'carte blanche' to do whatever they want. And you can't belittle me btw..
  21. dawnporter
    You don't need a Court order to get information about yourself held by a public body. ICO took care of that when the Court clerk kept stalling re: releasing information on what kind of 135 warrant was on record. They can make up anything they want in ones medical file...I am more interested as to why the Hospital has stated there is NO RECORD of a 135 warrant in her file. Might be ''mine field'' for you, and most- but not for me...As i have said, it is well known fact that Solicitors shy away from MH cases. Even the Solicitors being paid by legal aid to represent her while in Hospital, gave her the wrong advice...They said: ''Even though the warrant used to bring you in is invalid''...the Section papers are in order,thus they have a legal right to hold you''. What? LOL.... This Case law says different.....R (Sessay) V South London and Mausely NHS Trusthttp://www.mentalhealthlaw.co.uk/R_(Sessay)_v_South_London_and_Maudsley_NHS_Foundation_Trust_(2011)_EWHC_2617_(QB) If you don't know your rights, then you have none people....
  22. dawnporter
    Social worker states: ''Ms X has been telling people around her neighborhood that someone is coming to attack her at night...Miss X believes she is a victim of domestic violence, she has been seen wearing very little clothes around her neighborhood, Miss X also had a telephone conversation with sister wherein she called sister a %$&.'' She called the police once when she heard someone banging on back her back door- at 3am in the morning. Police did not show up till the next afternoon to take a statement. No documented complaints, made to police about her ''wearing very little clothes around her neighborhood'', and it was Summer time. She says her divorce was very nasty, and she accused the ex Husband of domestic violence in the past. Ex Husband lives 5min away from where the Council placed her.
  23. dawnporter
    The above is correct as per the MHA, and the police are meant to have a signed copy of the warrant on file-AND the original should be returned to the Courts. Thus the reason 135 warrants are 4 copies in one, one for the patient, one for the hospital, and one for the police, one for the Courts. But we have only one copy of the warrant used to take her into hospital, which is the one she managed to retain for 7weeks. Nothing in her hospital file. Police do not have a copy. Courts only have records of a different type of MH warrant.
  24. dawnporter
    Then how come the police have no copy-on file, of the warrant they ''helped execute''..as laid out in MHA?
  25. dawnporter
    Btw you look up some caselaws pertaining to the MHA and police, this is not the first time they have been called out for misusing thier powers under this Act. Wether you call it conspiracy or whatever, fact is Police are using MH system in this Country to harrass citizens who have done nothing criminal. And yes i have proof of the police harrassment this person has suffered.

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