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Jenny, Solicitor
Category: Law
Satisfied Customers: 6464
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have a problem and I need to talk it through with someone.

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I have a problem and I need to talk it through with someone. I intend to ensure that the people responsible are held accountable. I was helping a friend of mine who at the time was on probation. Following a supposed disciplinary hearing at the probation office, my friend was told that he was no longer allowed contact with me. This apparently was due to my submission of a fraudulent document which i am supposed to have sent to the probation office. Under no circumstances would I ever have sent anything to the probation office during this particular time and I would never have submitted any document, fraudulent or otherwise. The probation claim that the document I submitted was claiming to be from an employer to my friend. The only letter I have given him is a recommendation for a job , which I stand by. I have applied for a copy of this supposed document from the probation service under the terms of a subject access request (SAR) within the bounds of the Data Protection Act 1998 (DPA) to both the probation service and to the Ministry of Justice. I have heard nothing from them and reported this to the Information Commissioners Office (ICO) for their investigation. The ICO declared that both the Ministry of Justice and the Probation have failed in their duty under the terms of the DPA in that they failed to respond to my SAR within the required time limits. I understand that if I wish to take this further, which I do, I will have to locate a solicitor who will inevitably charge me, possible on the terms of "no win no fee" but I would have to incur expenditure anyway for insurance and involvement. I am prepared to do this (cautiously) as it is my intent that these people should be held accountable for their actions. I have copies of the document which state my supposed misdemeanor. I would be grateful for any advice you may be able to offer.
K D Ashton.
Hello my name is ***** ***** I a happy to help you today. What loss financial or otherwise have you suffered as a result of this?
Customer: replied 2 years ago.

Hello Jenny,

thank you for your prompt response.

My financial losses at this time are minimal, consisting of travel costs, telephone costs and postage. My main area of loss is with my reputation. I am a retired Nurse and ex member of HM Forces and as such someone people turn to for advise and/or support. I am frequently asked to countersign official documents. If this is held against me, I feel I would be unjust in my support of people.

Have you been threatened with action as a result of this? If so is it the probation service who have done so?
Customer: replied 2 years ago.

I have not been threatened, but I do feel strongly wronged in being mentioned in their communications that I have committed such an offence. I am retired and disabled and therefore money is limited, but I do have a nest of a couple of hundred pounds for "eventualities" and consider this as one and would be prepared to spend this on taking action.

Hi have you written to them to tell them that they have not complied with the 40 day limit yet?
Customer: replied 2 years ago.

The Information Commissioners Office have already done this and found in my favour in that both the Probation and the Ministry of Justice and failed to respond within the determined time limits set out in the Data Protection Act 1998.

Yes I understand that part.
I think that it is important that you consider the outcome that you want from this. If you are not motivated by financial gain as there is no significant financial loss then you are looking to be exonerated from the allegation.
In order to do this you need the information from the SAR which is what is missing at the moment.
Before you can bring proceedings for an order for the information to be disclosed in line with the act you will need to send a 'letter before action' to the bodies that have failed to comply with the Data Protection Act, that letter should state that if they do not comply within a further 14 days you will have no alternative but to bring a claim in the County Court for an order for disclosure and that you will claim your legal costs in connection with the action.
This will hopefully lead them to comply.
If they do not you can raise a claim, you do not necessarily need a solicitor to do this. You can pick up a claim form from the County Court.
Once you have the information you request you can decide your next steps which may include an apology.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank ou and all the best.
Customer: replied 2 years ago.

Thank you for that, I did not know that I could deal with this myself. I will take your advice and proceed accordingly. Many thanks for your help, it is much appreciated.

No problem at all, please do remember to rate my answer as I am not otherwise credited for my time.
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