⟡ The Archive Challenges the Lawfulness of Everything ⟡
Or, When the ICO Was Asked to Explain Its Silence, and the Councils Their Crimes
Metadata
Filed: 4 July 2025
Reference Code: SWANK/JR/ICO/RBKC/WEST
Filed by: Polly Chromatic
Filed from: W2 6JL
Court File Name:2025-07-04_ZC25C50281_JudicialReviewSubmission_ICO_LawfulnessChallenge.pdf
I. What Happened
On 4 July 2025, Polly Chromatic filed a formal Judicial Review application targeting the Information Commissioner’s Office, Westminster City Council, and the Royal Borough of Kensington and Chelsea.
The claim?
Lawlessness by silence. Maladministration by design. Complicity by omission.
Specifically, this submission challenges:
The lawfulness of the ICO’s inaction on urgent data protection complaints
The coordinated misuse of safeguarding law following disability disclosures
And the lack of legal basis for the removal of four U.S. citizen children
This was not a petition.
It was an indictment wrapped in procedural velvet.
II. Why It Matters
This submission alleges:
Breach of Article 8 (Right to family life)
Disability discrimination under the Equality Act 2010
Data protection failures under UK GDPR
Procedural abuse under the Children Act and JR protocols
It asserts that the very regulators charged with oversight became accessories by inaction — particularly the ICO, who received multiple notices, failed to act, and thereby enabled retaliatory safeguarding actions.
Let us be clear:
The ICO’s delay is not neutral. It is administratively violent.
III. What the Document Contains
Full Statement of Grounds
Chronology of misconduct
Named references to Kirsty Hornal, Sam Brown, Sarah Newman, and ICO handling officers
A demand for injunctive relief, investigative inquiry, and public accountability
This is no narrow complaint.
This is a jurisdictional intervention — against the machinery of deflection.
IV. Why SWANK Logged It
Because this is where the archive ceases to whisper and begins to command.
Because a mother whose children were stolen in legal daylight, and whose complaints were ignored by the ICO, has now turned the table:
She is no longer the petitioner.
She is the litigant-archivist, moving jurisdiction like a scalpel.
Because judicial review is not just about challenging decisions —
it is about challenging the right to pretend they were lawful in the first place.
V. SWANK’s Position
SWANK London Ltd. recognises this submission as:
A defining moment of procedural escalation
A document that renders denial no longer credible
A formal declaration that non-response is no longer an option
This is not just a court document.
This is an institutional challenge to the performance of oversight itself.
The ICO may redact. The Councils may redact.
But the archive remembers everything.