The Information Commissioner’s Office – Northern Ireland

10th Floor
Causeway Tower
9 James Street South
Belfast
BT2 8DN

Dear Sir/Madam,

I am writing to request advice or direction regarding my recent information request, reference number 20240027, in relation to meter response information. This request was prepared in conjunction with the Northern Ireland Public Services Ombudsman’s Office, located at Progressive House, 33 Wellington Place, Belfast, BT1 6HN. Which I understand The Information Commissioner’s Office – Northern Ireland, 10th Floor Causeway Tower 9 James Street South Belfast BT2 8DN  aided Mr Ruston in in his response.

You will recall in our telephone call today on 0303 123 1114  I asked you to provide me details of my daughter’s detention in our telephone number, but you could not provide the prison name and location., or a list of any orders or legal documents authorizing her detention. The prison number and record related to Emily Newbold Smith, and you stated, you did not have them.

Attached to this letter is a correspondence from Mr. Ruston, which provides further context regarding my request. I would appreciate your guidance on the next steps to take in this matter and any necessary actions required on my part.

Additionally, I would like to address the following concerns to Mr. Ruston regarding the situation of my daughter, Emily Newbold Smith.

Email sent Date: Fri, Oct 25, 2024 at 12:52 PM

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Dear Mr. Ruston,

I am writing to express my grave concerns regarding the information provided by NICCY, which strongly suggests that my daughter, Emily Newbold Smith, is being held in a prison environment. The legal framework surrounding her situation is critical, particularly in light of Section 49 of the Investigatory Powers Act 2016, which states:

49 Interception in prisons
(1) Conduct taking place in a prison is authorised by this section if it is conduct in exercise of any power conferred by or under prison rules.

The designation of my daughter’s situation as being within a Category 2 prison, as delineated in the Annex, is alarming. It signifies that the interception of communications or conduct occurring is under the jurisdiction of prison rules. This raises severe concerns not only about the legality of her detention but also about the adequacy of her treatment and the safeguarding of her rights.

Furthermore, NICCY’s inability to share pertinent information regarding the investigation under Category 2 is troubling. Their correspondence states:

Category 2: This information cannot be disclosed due to the statutory prohibitions outlined in the 2016 Act, which protect the confidentiality of investigations conducted by the Ombudsman. This blanket refusal to disclose essential information is unacceptable and raises significant questions regarding the transparency of NICCY’s actions and the integrity of the investigation into my daughter’s circumstances.

Moreover, the complete lack of disclosure regarding my daughter’s prison number and the nature of her alleged offenses is both concerning and unacceptable. This failure to provide basic information undermines the principles of transparency and accountability, severely hampering my ability to advocate effectively for her. The absence of this crucial information obstructs our understanding of her legal standing and the validity of the processes applied to her case.

I must also highlight the implications of Section 44 of the Employment Rights Act 1996, which states:

“There is no stand-alone right for an agency worker not to be subjected to a detriment for raising a health and safety issue. An agency worker may only bring a claim under Section 44 of the Employment Rights Act 1996 (ERA 1996) for detriment on the grounds that they have raised health and safety concerns if they are an employee.”

The ramifications of these legal protections highlight the urgent need for NICCY to act responsibly and ethically in addressing the issues at hand. The failure to respond adequately, combined with the severe legal implications of this situation, raises serious questions about the integrity of the handling of my daughter’s case.

Additionally, I would like to formally request the following information regarding my daughter:

• The prison name and location.
• A list of any orders or legal documents authorizing her detention.
• The prison number and record related to Emily Newbold Smith.

It is imperative that you take immediate action to rectify this situation. The gravity of my daughter’s circumstances cannot be overstated; she is a vulnerable individual whose rights are potentially compromised. I expect a prompt, thorough, and transparent response to this letter, outlining the steps that will be taken to address these critical issues.

End Email

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Thank you for your attention to this matter. I look forward to your prompt response.

I trust you will treat this matter with the seriousness it deserves and act swiftly to ensure my daughter’s rights are upheld. Please note your response with Mr. Ruston does not address the matter of the Writ of Habeas Corpus addressed to his office.–

Kind Regards
Mr. Martin Newbold

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Everyone is asking on twitter: “Can I sue a Judge?”

Yes, you can in very slim circumstances If a judge creates a court order based on that fraudulent affidavit, the judge has also committed a felony. Anyone attempting to enforce an illegal court order is, in effect, committing an act of violence against you.

What is an affidavit: a written statement confirmed by oath or affirmation, for use as evidence in court.

If these articles have impacted you, please be courageous and comment on the page. If you have faced legal frustrations, consider adding your case to those who feel the system is broken. Please note that this is on a secure server and requires validation data, which will be compared with the Family man database to ensure submissions can be verified. Do not hold back your emotions; this situation is truly horrific and evil. If you are not seeing the survey below this might mean you need to try a different Internet browser:

The Stealing of Emily – Review of cases for illegal Separation. | Crowdsignal.com (survey)