Stockport Council News

Because she had the wrong details on her official papers, if Mr Parnell took his daughter to Accident & Emergency, she didn’t exist and couldn’t be treated. It could be and was eventually sorted out, but why did even that take so many years? Answer, he was dealing with LibDems.

Mr M. S. Parnell

Date 29^th November 2010

Dear Mr Simon E Morton

Re: instructions for application to discharge s5 PHA 1997

Following procedures in court I feel that it is required that I forward my concerns and give you my instructions by the way of this letter and in quoting the laws, regulations and guidance, which in being given and to my understanding as to why I wish to follow in the interest of justice, that in to my justice to be heard and be given chance to a full account of  the facts.

Section 5(4) of the PHA 1997 permits the prosecutor, defendant or any other person mentioned in the section 5 or 5A orders to apply to the original court for the order to be varied or discharged. Section 12(4) of the DVCVA 2004 inserts a new section 5(7) into the PHA 1997, which permits the court to vary or discharge the section 5 order when it deals with a person for the offence of breach of the order.

My instructions to you are, that you act at my request and apply to the court with an application to discharge the Restraining Order pursuant to Section 5 Protection from Harassment Act 1997, being that in my understanding the section 5 restraining order was wrongly imposed, a section 5 is different from a section 5A in that one is on conviction and the other is following acquittal and in all the guidance available for my viewing these two sections following amendment by section 12 DVCVA 2004 are separate in that there are questions of conviction or acquittal, Section 12 of the DVCVA 2004 amends section 5 of the PHA 1997 to allow the court to make a restraining order following a conviction now for any criminal offence, where the conviction occurs after 30 September 2009 (Schedule 12, paragraph 5 of the DVCVA 2004 provides that section 12 amends the section 5 and also adds a new section 5A and applies to  conviction or acquittal that occurs after the commencement date.) It follows that the section 5 or 5A restraining orders can be made when the date upon which the offence was committed is prior to 30 September 2009, this is an appeal after that date appealing conviction before commencement date and overturns the judgement of 10^thJuly 2009, appeal conviction and acquitted when is start date.

What does this mean for me, my now overturned conviction of the 10^th July 2009 to the alleged common assault on the 22nd October 2008 with the submitted appeal July 2009 is prior to the 30^th September 2009 and in allowing the successful appeal on the 15^th January 2010 of the alleged offence, therefore could not carry a section 5 PHA 1997 restraining order which are imposed on conviction, If on conviction 10^th July 2009 I did not receive the s2 or s4 PHA order, then why is it that on the 15^th January 2010 following the successful appeal could a section 5 PHA 1997 on conviction be imposed, technically only a Section 5A(1) Protection from Harassment Act 1997 as inserted by section 12(5) Domestic Violence, Crime and Victims Act 2004 could be, and that is only after the commencement date if the court finds it necessary to do so.

Why is it that I am requesting an application to discharge a section 5 PHA 1997, it is being sort so that I will correctly be dealt with, in accordance to  set procedures and correct sections that are set out within the current laws.

Laws are made to protect and if they are not enforced in the correct way then they only serve to destroy their own purpose, I wish to uphold the law and respect everyone’s views of their judgements to the facts they are given, a charge of a breach of an order that has not been correctly imposed must not be allowed because it is wrong in law, something that is wrong in law should not pursue a course of justice just for conclusion it can only serve to damage common law of what is right or wrong.

My belief is that I have not breached the order just because I thought it was wrong, if I did breach any order it was by reasonable excuse, and if the order was enforced in the correct way then the order and arrest would have been made to a section 5A(1) PHA 1997 as amended by section 12(5) DVCVA 2004 and the charge would have been under those laws and the correct sections, the charge in court for breach of the section 5 is incorrect, the CPS have never produced the restraining order,  I should only be prosecuted as to the correct law and section.

Section 12 DVCVA 2004 introduced a new section 5A into the PHA 1997, which will allow the court to make a restraining order after acquitting a defendant of any offence if the court considers it necessary to do so to protect a person from harassment by the defendant. Unlike restraining orders on conviction, there is no power to protect a person from fear of violence that falls short of harassment where the defendant has been acquitted.

The elements of the offence of harassment in section 2 PHA 1997 are:

• a course of conduct;
• which amounts to harassment of another;
• which the defendant knows, or ought to know, amounts to harassment.

Harassment is not defined in the PHA 1997, except that it includes causing a person alarm or distress.

Section 5A only applies where there has been an acquittal.

DVCVA 2004 section 12(5) inserts Section 5A(1) A court before which a person ( “the defendant”) is acquitted of an offence may, if it considers it necessary to do so to protect a person from harassment by the defendant), how does this effect me with the serving of an restraining order, who needs protection, have they ever been put at risk and has any other person been caused any alarm or distress, I put it that the question is, one named person on the incorrect order as stated prior to the order being applied no longer works for the council the other named person then had other duties that keeps him away from stopford house, has any other person been caused alarm or distress, I put it no this has not ever been the question, how I have ever behaved, but just that I was there. The test to be applied by the court is whether the order is necessary to protect the persons named in it from harassment. This necessitates an evaluation by the court of the evidence before it. It will require the court to determine whether there is sufficient evidence in front of it to enable it to form a view that an order is necessary.

The 2004 Act does not specify the standard of proof to be applied by the courts. Nor is there any reference within the legislation to the defendants previous or future behaviour. Rather, the court is told to have in mind the question of whether the victim or person to be named in the order requires protection from harassment. Before making an order, the court will have to be satisfied that it is necessary to do so.

What do I want by the discharging of the section 5 PHA 1997 that the application of the correct order of a section 5A(1) PHA 1997 be applied for, and by following the correct procedure if it is shown to be required to do so for the protection of a person from harassment by a defendant, on application of the correct order, section 5A (2) as to subsection (3) to (7) of section 5 PHA 1997, and with applying subsection (4A) of said act, Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (4).

On conclusion what is it that I want you to do, and that this is made at my request with the full understanding that I take full responsibility of any outcome, my instructions are

I Michael Stewart Parnell do request to instruct you Mr Simon E Morton to make application to Manchester Crown Court at Minshull Street, to discharge the restraining order made 15^th January 2010, section 5 PHA 1997 on the basis that I believe it was made on the grounds as to the wrong section and the correctness of the order and procedure  had not been followed when it was made.

I also request that you inform the court that the section 5 PHA 1997 on conviction should technically be a section 5A PHA 1997 on acquittal and that an application for the correct order will be met with my defence is it necessary to do so, The purpose of a restraining orders are preventative, not punitive – it is a measure designed to protect someone from harassment. Before making an order the court will have to be satisfied that it is necessary to do so, this I believe requires evidence and Prosecutors should follow the rules of civil evidence in order to adduce further evidence to enable the court to determine whether to make a restraining order. The procedural rules for making applications are set out in Part 50 of the Criminal Procedure Rules 2005. These apply in both the magistrates court and Crown Court. These procedural rules are the same as those relied upon for applications for post-conviction.

And finally could you look at and advise me, of that which I believe is a technicality in law, how did I receive an order to the wrong section, how did that order produce an arrest and that following the police investigation still not showing to be wrong in law to the correct section, arrested on the day for breach of ASBO then two days later changed to a section 5 PHA 1997 and then prosecuted under a wrongly applied order as submitted by the police to the CPS and then presented to the court for prosecution, who professionally knows what they are doing, where is the CPS order and which section is it for, well on acquittal it should be section 5A(1) PHA 1997 and not an order made on conviction by amendment to section 5 PHA 1997 by Section 12 Domestic Violence, Crime and Victims Act 2004 (in force from 30 September 2009) Section 12 DVCVA 2004  introduced the new section 5A into the PHA 1997, this by my mind is I could not be given section 5 by conviction, only section 5A can be given on acquittal, which is it? “convicted innocent or guilty until proven”.

Yours sincerely ……………………………….M S Parnell esq.

Date                   ………………………………  29^th November 2010

Mr M S Parnell

Date 27th November 2007

Dear Mr John Schultz

Taken from Stockport Councils  web site and is quote what is written.

How Can You Give Us Your Compliments, Comments And Complaints?

Quote: “Stockport Council’s top priority is to ensure that excellent customer service is at the heart of the services we provide.

 Stockport Council’s top priority is to serve its customers effectively and courteously.

 We want to serve you effectively and courteously.

We know that sometimes things go wrong and, if they do, it helps us to know about it.

We welcome your complaint as an opportunity to help us put things right.

 We are also keen to receive constructive comments and suggestions on how we can improve our services to you.

When there is a problem we want to hear about it so we can try and sort it out without you having to make a formal complaint.

We will try to deal with your concerns as soon as they arise, but if we can’t or you are unhappy with the response you get, you may wish to make a formal complaint.

Complaints about our services are important and we treat them very seriously. We aim to:

• Give you clear information on how to complain
• Sort out your complaint as quickly as possible
• Apologise when things have gone wrong
• Make sure we put any problems right

We hope that the services you receive from us are of the quality you expect. However, we know that there may be times when you feel unhappy with the service you receive or you may want to make a comment about how we can improve it. We also hope that there may be times when you would like to tell us that you are happy with our services.”. unquote.

 I ask of you to read with an understanding and to fully take in, what is wrote in Stockport Council’s Customer Care Charter and then deal with my pending concerns that are brought to your attention and for you to deal with them in a professional and qualified manner.

Please understand that I have deep feelings of  great concern, over a number of issues and I feel the best and only way of dealing with them is to contact you and all the relevant departments.

My areas of concern is that as a Poll, Community or Council Tax paying resident of this Borough since December 1980 it is not satisfactory that I have had difficulties in accessing certain services, for whatever reasons this may be it is not acceptable that the time taken and the misunderstanding of the Councils under trained staff that my family and I  have had to endure and allowed to suffer the consequences.

What has been suffered  “that’s accountable to the councils failings”.

loss of:-

• Basic Care for some of the most vulnerable  people, children from the care system.
• Supportive Care under special family needs and circumstances.
• Secondary Care to the supportive parent of the said children.
• Financial assistance that has unjustly and immorally been taken away.
• Life itself , time inappropriately spent fighting to get help.
• Aspirations and dreams sense of being and achievement.
• Self esteem is it  worth trying to better, just to be knocked down.

How has this left us feeling:-

• Isolation and abandonment of a family that is in need.
• Exclusion from having a normal family life because of damaging  issues.
• Emotional wellbeing and distress of a traumatic situation.
• Physical and unacceptable stressful issues are unbearable and even unbelievable.
• Financially broken who will cover the cost to repair the damage.
• How complex will the help now be in dealing with other avoidable issues.
• Will it ever be put right can we be given a chance of help, to live normal family life.

Concerns to areas of issue.

I have read Stockport leaflet “Adoption Support Services” in which it states:

“(the adoptive children) may have difficulties at school or at home – perhaps with relationships or behaviour – which mean that the child or your family need some extra help.

The Adoption and Children Act 2002 says that you are entitled to ask us for an assessment of your child or your family’s adoption support needs.”.

REQUEST FOR HELP FOR THE FAMILY

1. I consider that this family should be professionally assessed to see what support we can be given
2. I consider that the children are facing difficulties and that we need some extra help I feel that they have developed issues as they have gone through traumatic times and through the care system.
3. I consider the question who at any time as understood what these children really want and has the system and myself decided what is in their best interest without fully understanding how these children will deal with what they don’t like, none of us would do very well if we were forced to do things against our free will.
4. I consider that we have not been provided with the help and support we need in a timely fashion and I ask you to investigate this to see what failings have been made in the past and what help can be made in the future.
5. I consider that an assessment is needed to help repair the damage done by the past failings of not assessing earlier the issues of these adoptions. 

ISSUE REGARDING BAN TO COUNCIL PREMISSES

1. I consider that the ban regarding me is unjustified and that the continued ban of myself from stopford house is unfair, as a council tax paying resident it is withholding some of the very things I am paying for.
2. I consider that I was not causing a nuisance which led to the ban.
3. I consider that I did not cause a disturbance at Stopford House and the ban is hurtful and damaging to my character I therefore ask for a formal review of why I was banned and for the ban to be removed.

ISSUE REGARDING COUNCIL TAX BENEFIT

1. I consider that I did not adopt my children to make financial gain, in adoption this is against the law.
2. I consider that there is a number of issues regarding in sorting out the council tax.
3. I consider the delay along with the adoption issues have consumed  all of my time, day and night, awake and in sleep and in dealing with this along with all its stresses  the employment service as classed me as being unavailable for work and recommended to claim incapacity national insurance credits as a carer  in dealing with these issues.
4. I consider that dealings over Council Tax Benefit in the timely fashion have caused hardship, and in that with my account being put on hold for a number of years because of a lack of understanding of the legal  problems  that are morally unjustifiably wrong, I therefore ask for a formal review of why there has been inconsistencies and timely delay to matters of dealing with this families needs and circumstances.
5. I consider asking the Council to consider what answer of assistance it can provide in the existing circumstances.

QUESTIONS OF WHY

1. Why has the correct help never been given after guidelines have recognised a need for help in dealing with what is to be expected with hard to place sibling groups of children from the care system.
2. Why has it taken so long after repeated requests to receive help that we are now in this situation that I am asking  this question “Why Is It Taking So Long” to get help with all issues relating to the adoption of these two needy Children, that it is with their Emotional Wellbeing, that remain paramount.
3. Why is it in trying to get help have I been banned without justification from Council premises
4. Why is it that  as a Council Tax paying resident can I not access certain Council Services in what is classed as every day normal family life we should all receive the standard of care required to our needs
5. Why is it that the means tested benefits we receive are taken away immorally to cover other things that are over and above what them means tested benefits are meant  to cover, that is the basic standard costs of living for a family in our circumstances. there shall be no financial gain from adoption that is in law stated, and the enhancement that is paid  above the child premium should be disregarded. 

ACTION

1.  I REQUEST AN ASSESSMENT FOR MY FAMILY’S ADOPTION SUPPORT NEEDS AND A FORMAL RESPONSE TO PAST FAILINGS

2.   I WISH FOR A FORMAL RESPONSE TO THE ISSUES THAT I HAVE IDENTIFIED AND I WISH TO BE ADDRESSED THROUGH A FORMAL PROCEDURE.

3.   I WISH FOR  RESPONSE OF ANSWERS TO THE QUESTIONS OF WHY Stockport Council’s Customer Care Charter

Stockport Metropolitan                                                                                                      Mr M S Parnell

Borough Council                                                                                                                  day 15 outside

Town Hall                                                                                                                                  Town Hall

Edward Street                                                                                                                      Main Entrance

Stockport                                                                                                                              Edward Street

SK1 3XE                                                                                                                                      Stockport

To Councillor Sue Derbyshire

                                                                                                                                       Date 6^th July 2007

Dear madam

                                      Can you arrange for myself to see you so we can talk

                                            Yours sincerely

Stockport Metropolitan                                                                                                      Mr M S Parnell

Borough Council                                                                                                                  day 15 outside

Town Hall                                                                                                                                  Town Hall

Edward Street                                                                                                                      Main Entrance

Stockport                                                                                                                              Edward Street

SK1 3XE                                                                                                                                      Stockport

To Councillor Martin Candler

                                                                                                                                       Date 6^th July 2007

Dear sir

                                      Can you arrange for myself to see you so we can talk

                                            Yours sincerely

Stockport Metropolitan                                                                                                      Mr M S Parnell

Borough Council                                                                                                                  day 11outside

Town Hall                                                                                                                                  Town Hall

Edward Street                                                                                                                      Main Entrance

Stockport                                                                                                                              Edward Street

SK1 3XE                                                                                                                                      Stockport

To Councillor Mark Weldon

                                                                                                                                       Date 4^th July 2007

Dear sir or madam

                                      Can you arrange for myself to see you so we can talk

                                            Yours sincerely

First to see by being outside town hall 5^th July 2007 will have his dinner then speak to someone and help sort the mess  need to e mail him children and families children social services schools connexions