Complaint for referral to the Parliamentary Ombudsman

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Section 1 (to the MP) MUST be completed by the person making the complaint.

To: Dr Howard Stoate MP
House of Commons, London SW1A 0AA

From: Name Brian Robert Gray
Address: 00 Xxxxxxx Xxxxxx, Longfield, Kent. DA3 7HE
Telephone: 00000 00000 Mobile 07966 234 935

Please consider the complaint I have described below and in the evidence attached. If you agree, please refer it to the Parliamentary Ombudsman. I give my permission for the Ombudsman to obtain relevant papers about my case from the organisation(s) concerned.
Signature of person submitting the complaint: __________________________________Date 17th December 2004

I wish the Parliamentary Ombudsman to investigate my complaint and give my permission for her to obtain relevant papers about my case from the organisation(s) concerned.
Signature of aggrieved person__________________________________________ Date17th December 2004
(Unless special circumstances apply, the person who has suffered injustice or been denied the access to official information should sign here. If that is not possible, representatives should provide evidence of their authority to act.)

Section 3 (From the MP to the Ombudsman) MUST be completed by the Member of Parliament.

To: The Parliamentary Ombudsman, Millbank Tower, Millbank, London SW1P 4QP
has referred to me a complaint about injustice caused by maladministration and/or the refusal of access to official information. Please consider it and let me know if you will investigate this complaint.
Signature of MP____________________________________Date_____________

Section 4 (Details of a complaint about maladministration) ONLY complete if the complaint is about maladministration.
4A What organisation are you complaining about?
I wish to complain to the Parliamentary Ombudsman about injustice as the
result of maladministration by:
The Information Commissioner's Office ____________________________________________________________

4B What are you complaining about? The Information Commissioner has failed to enforce the rules regarding how members of the Law Society, collect, use and fail to tell Complainants when information is being used from their files for 'unrelated' purposes to their complaints lodged with the OSS/CCS. The Information Commissioner is also aware that the Chair of the Compliance Board, Richard Hegarty, collected my personal information from a private law firm for his personal use ("Breach of Confidentially") but refuses to take any action against Richard Hegarty. Finally the Information Commissioner is not applying the rules as they have been written, I have asked for a copy of the rules that show his interpretation but he has failed to provide any.
(Outline the background to the complaint and give a brief description of what you think the organisation failed to do or did wrongly. If there is not enough space here, please continue your comments on a separate piece of paper and attach it to the form.)

4C How has it affected you? My rights have been violated by my ex-solicitors, Thos Boyd Whyte, and the Law Society in as much they refused to comply with the rule book, as well has the LSO who refused to investigate or to see these parts of my complaint were investigated and despite a letter I received from the Lord Chancellor's office that stated the IC is responsible for imposing "The set of enforceable rules" he has not applied the rules in a correct manner.
You ask "How has it affected you?" When after 7 years you win your litigation and you find the litigants have disposed of their large profitable company to another member of their family, they apply for bankruptcy and you have lost 1,000's of pounds due to the solicitors' negligence, a Barrister first of all tries to defend your solicitors then in his own defence labels them 'negligent and incompetent'. The census of opinion of a District Judge a QC and a Solicitor is the case lasted 6 years too long (in a 'cover-up' the OSS only found 4 months of delays) the previous LSO, Ann Abraham, commented "their work was so bad" and evidence shows the OSS, the Ethics Committee and my solicitors misused information illegally removed from my complaints file in conspiring to sack me. The Chair of the Compliance Board illegally collects my personal information so he could ring me during the evening to try and intimidate me and the IC re-writes the rules to protect these members of the Law Society and if you read the letter I sent the IC dated 9 Oct '04 it would appear he has already primed the Parliamentary Ombudsman! 'How has it affected me'? If my solicitors had conducted my affairs as they stated in the 'Client Care Agreement' I would have retired at the age of 60 (almost 7 years ago) instead I am still working although I have severe hypertension and 4 years after the conclusion of my litigation the Law Society, LSO and the IC are still protecting my solicitors as well as Richard Hegarty.
The rules are written by the Law Society with the concurrence of the Master of the Rolls and they must be applied how they have been written, the Senior Partner who admitted to the OSS that he had not handled my complaint correctly and by the Law Society rules is guilty of 'Professional Misconduct' which must be made to stand. The IC and the LSO must be instructed to re-look at my complaint from an unbiased stance also apply the rules in a fair and correct manner.
(Describe how you (or the person you represent) have suffered or your interests have been affected and, if appropriate, show any financial loss sustained. State what you think should be done to remedy the injustice.)

Section 5 (Details of a complaint about refusal of access to official information) ONLY complete if you have a specific complaint about access to official information.
5A What organisation are you complaining about?
Regarding a request for access to official information, I wish to complain
to the Parliamentary Ombudsman about the actions of:

The Law Society's Data Controller.

(Give the name(s) of the organisation.)
5B What are you complaining about?
I wish to complain that the department/body has: (tick appropriate boxes
or provide details)

(i) refused to supply me with the information I requested [X]

(ii) refused to give me ALL the information I requested [ ]

(iii) taken too long (more than 20 working days) to reply to my request
[ ]. It is ______days since I made my request.

(iv) requested an unreasonably high charge for giving me the information [ ]. They asked for£_______________

(v) Other (describe) Information from my complaints file was used for unrelated purposes to my complaint and the rules state that if information is used for 'unrelated purposes' I must be told and my permission given, I was not told and my permission was not given. When I asked for information concerning who, why and the purpose for which this information was given I was refused and the reason given was that it "was not part of a relevant data file" which was upheld by the IC. If, as the rules state, my permission should have been given and I should have been informed at the time this information was collected then the information I asked for must be given to me (I did pay the £10 collection fee that was returned to me). I have asked the IC to show me the rule that allow Solicitors the right to 'request' information from complaint files also the rule that allows data to be 'requested and given' in an 'unsecured' method (over the telephone) but he has failed to do so. _____________________________________________________
(Describe the actions you are complaining about.)

Section 6 Have you complained to the organisation concerned?

Either: Yes, I have complained [ / ] (tick box)
(If possible, attach a copy of the complaint and the response you
OR: No, I have not complained because…(give reason)
(Before making a decision to intervene, the Parliamentary
Ombudsman usually expects complaints to have been put to the department concerned, so that they have an opportunity to consider the complaint and offer a remedy.)

Section 7 What evidence can you provide?

Please attach to this form copies of the correspondence you have had with the organisation about the subject of the complaint. That will be returned to you via the MP. Please give below any reference numbers quoted to you by the department concerned:___

OSS/CCS Data Controller sa/bs/251

The Information Commissioner's Office RFA0029621
(Describing the problems you have had is helpful, but is not enough for the Ombudsman to decide to investigate a complaint. Her decision is based on the information YOU give her because, until she has decided to investigate, she cannot insist that an organisation provide her with their files. Enclose the relevant letters you have written to the organisation, their responses and any other information you think appropriate. The Ombudsman's office will copy them and return the originals to you through your MP.)