“Though the Witch knew the Deep Magic, there is a magic deeper still which she did not know. Her knowledge goes back only to the dawn of time. But if she could have looked a little further back… she would have known that when a willing victim who had committed no treachery was killed in a traitor’s stead, the Table would crack and Death itself would start working backward.” - Aslan, C.S. Lewis, The Lion, the Witch and the Wardrobe

Recently Tried in the Court of Public Opinion

Showing posts with label ICO complaint. Show all posts
Showing posts with label ICO complaint. Show all posts

Chromatic v Westminster (ICO Proceedings) On the Bureaucratic Perjury of Withholding Data and Weaponising Disability


Data Non-Disclosure, Misuse of Medical Records, and the Retaliatory EPO of 23 June 2025

Metadata

  • Filed: 18 August 2025

  • Reference: SWANK Addendum – ICO Complaint / Data Retaliation

  • Filename: 2025-08-18_SWANK_Addendum_ICOComplaint_AuditEPO.pdf

  • Summary: Formal ICO complaint showing Westminster’s refusal to disclose safeguarding records, misuse of sensitive disability data, and retaliatory removal of four U.S. citizen children.

I. What Happened

  • 6 June 2025: Audit Demand served on Westminster seeking disclosure of safeguarding removals and unlawful practices.

  • 7 June 2025: Instead of disclosure, Westminster issued a procedural threat.

  • 16 June 2025: Follow-up filed; silence persisted.

  • 23 June 2025: An Emergency Protection Order was executed, removing four U.S. citizen children under disproven allegations, while data remained deliberately withheld.

This was not safeguarding — it was data concealment dressed up as child protection.

II. What the Complaint Establishes

  • That Westminster engaged in willful non-disclosure in breach of UK GDPR and the Data Protection Act 2018.

  • That sensitive disability and medical data were repurposed as weapons to justify a safeguarding intervention.

  • That transparency was abandoned: internal records, emails, and case notes behind the EPO remain hidden.

  • That the wrongful removal of children was not an isolated tragedy but the direct product of a data crime.

III. Why SWANK Logged It

Because the ICO must not be permitted to treat safeguarding files as exempt from scrutiny.
Because the fusion of data secrecy + retaliatory removal represents the worst excesses of bureaucratic power.
Because when institutions misuse the disability records of children to shield themselves, the matter ceases to be parochial — it becomes a precedent for tyranny.

IV. Violations

  • UK GDPR & Data Protection Act 2018 – failure to disclose, misuse of sensitive data.

  • Article 6 ECHR – right to a fair hearing, obstructed by data concealment.

  • Article 8 ECHR – interference with family life without lawful, transparent justification.

  • Equality Act 2010 – discriminatory misuse of disability data.

  • UNCRC & UNCRPD – violation of children’s and disabled persons’ international rights.

V. SWANK’s Position

Westminster did not simply hide its files; it converted hidden files into false triggers for an EPO.
The ICO complaint makes plain that this was data abuse with children as collateral.

SWANK does not regard this as clerical negligence.
It is institutional perjury by database.

Closing Declaration

The ICO now holds the choice Westminster fled from:
whether safeguarding law may operate as an unchecked veil for data misuse — or whether disclosure will finally pierce the borough’s cultivated fog.

✒️ Polly Chromatic
Founder & Director, SWANK London Ltd


⚖️ Legal Rights & Archival Footer This Dispatch Has Been Formally Archived by SWANK London Ltd. Every entry is timestamped. Every sentence is jurisdictional. Every structure is protected. This document does not contain confidential family court material. It contains the lawful submissions, filings, and lived experiences of a party to multiple legal proceedings — including civil claims, safeguarding audits, and formal complaints. All references to professionals are strictly in their public roles and relate to conduct already raised in litigation. This is not a breach of privacy. It is the preservation of truth. Protected under Article 10 of the ECHR, Section 12 of the Human Rights Act, and all applicable rights to freedom of expression, legal self-representation, and public interest disclosure. To mimic this format without licence is not homage. It is breach. We do not permit imitation. We preserve it as evidence. This is not a blog. It is a legal-aesthetic instrument. Filed with velvet contempt. Preserved for future litigation. Because evidence deserves elegance, retaliation deserves an archive, and writing is how I survive this pain. Attempts to silence or intimidate this author will be documented and filed in accordance with SWANK protocols. © 2025 SWANK London Ltd. All formatting and structural rights reserved. Use requires express permission or formal licence. Unlicensed mimicry will be cited — as panic, not authorship.
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They Didn’t Deny the Records. They Just Didn’t Send Them.


⟡ You Withheld the Records. We Filed the Complaint. ⟡
“Ten days passed. No files appeared. So we escalated to the regulator.”

Filed: 17 June 2025
Reference: SWANK/WCC/ICO-01
📎 Download PDF – 2025-06-17_SWANK_ICOComplaint_Westminster_AuditNonResponse_DisabilityBreach.pdf
Formal complaint to the Information Commissioner’s Office citing Westminster’s failure to comply with legal audit SWL/AUD-1, and the continued obstruction of data access and disability-adjusted communication.

I. What Happened

On 6 June 2025, SWANK London Ltd. served Audit SWL/AUD-1 to Westminster Children’s Services.
The audit demanded records relating to placement decisions, third-party agency involvement, reunification protocols, and evidence of retaliatory safeguarding activity.

The council was granted 10 calendar days to respond.
No records were provided.
No exemption was claimed.
No legal justification was submitted.

On 16 June 2025, a formal follow-up letter was served.
Still, no response.

As of 17 June 2025, the matter has been referred to the Information Commissioner’s Office.

II. What the Complaint Establishes

  • That Westminster refused to comply with a statutory data request issued in the public interest

  • That this refusal violates the Data Protection Act 2018 and Freedom of Information Act 2000

  • That the delay was not explained, defended, or acknowledged — only enacted

  • That the parent’s written-only communication requirement, made on medical grounds, was again ignored

  • That safeguarding actions continued while records were being deliberately withheld

III. Why SWANK Logged It

Because in legal terms, silence is non-compliance.
Because delay is not neutrality — it’s strategy.

And because when an audit clock runs out, and the records are still locked,
you don’t wait for a reply. You write to the regulator.

IV. Violations

  • Data Protection Act 2018 – Subject Access Rights and Processing Failure

  • Freedom of Information Act 2000 – Section 10 (Time for Compliance), Section 17 (Refusal of Request)

  • Equality Act 2010 – Sections 20 and 27
    Failure to honour written communication adjustment; procedural retaliation

  • Children Act 1989 / 2004
    Active obstruction of parent access to welfare-critical records

V. SWANK’s Position

They didn’t claim an exemption.
They didn’t acknowledge the deadline.
They didn’t respond to the file.

So we filed somewhere else.

This wasn’t a delay.
It was defiance —
And now it’s a regulatory submission.



⟡ This Dispatch Has Been Formally Archived by SWANK London Ltd. ⟡ Every entry is timestamped. Every sentence is jurisdictional. Every structure is protected. To mimic this format without licence is not homage. It is breach. We do not permit imitation. We preserve it as evidence. This is not a blog. This is a legal-aesthetic instrument. Filed with velvet contempt, preserved for future litigation. Because evidence deserves elegance. And retaliation deserves an archive. © 2025 SWANK London Ltd. All formatting and structural rights reserved. Use requires express permission or formal licence. Unlicensed mimicry will be cited — as panic, not authorship.
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The Agencies That Breached My Data Rights — and My Health


⟡ They Missed the Deadline. Then They Lied in the Records. ⟡

Filed: May 2025
Reference: SWANK/ICO/SAR-VIOLATIONS-2025
📎 Download PDF — 2025-05_SWANK_ICO_Complaint_SARViolations_InaccurateRecords_CrossAgencyDataBreach.pdf

I. The Agencies That Breached My Data Rights — and My Health

This formal complaint to the Information Commissioner’s Office (ICO) sets out a pattern of:

  • Delayed and unlawfully incomplete Subject Access Request (SAR) responses

  • Data protection breaches spanning councils, NHS Trusts, and policing authorities

  • Inaccurate and defamatory attributions — notably including false mental health assertions

  • Systemic refusal to correct known errors despite formal notice

They didn’t just miss the deadline.
They used the delay to mischaracterise the patient.

II. When the Data They Hold Becomes the Harm

SWANK documented:

  • Mislabelled diagnoses that never existed

  • Entire reports omitted from SAR returns

  • Evidence of retaliation through internal notes

  • Failure to notify the data subject of onward disclosures

Some entries implied conditions I do not have.
Some erased disabilities that were documented.
All were processed with clinical illegality.

This isn’t a data breach.
It’s narrative vandalism in official format.

III. Why SWANK Filed It

Because data law is not optional when reputations — or tribunals — are on the line.
Because you cannot summon “safeguarding” with one hand and falsify records with the other.
Because institutional memory is a weapon, and the only countermeasure is archive.

Let the record show:

  • The SARs were submitted

  • The returns were late

  • The data was false

  • And SWANK — filed every page with timestamped malice

This isn’t just a breach.
It’s the foundation of procedural abuse — and now it’s under ICO review.

IV. SWANK’s Position

We do not permit institutions to pathologise parents on record to defend their misconduct.
We do not accept passive aggression hidden in file metadata.
We do not redact inaccuracies. We correct them — in PDF, in complaint, in archive.

Let the record show:

The data was false.
The motive was reputational.
The harm was real.
And SWANK — filed for legal correction and citation.

This isn’t just about GDPR.
It’s about who controls the truth — and who files it with citations.




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If Kafka Had a Filing Cabinet, It Would Belong to Westminster


🕊️ A Formal Petition for the Restoration of Law: Complaint to the Information Commissioner’s Office Regarding Westminster and RBKC’s Data Evasion

Date: 10 March 2025

To:

The Information Commissioner’s Office – Complaints Team
Wycliffe House
Water Lane
Wilmslow, Cheshire
SK9 5AF

Subject: Formal Complaint – Westminster and RBKC Social Services' Unlawful Withholding of Personal Records

Dear Esteemed Custodians of Data Rights,

It is with a combination of reluctant ceremony and unassailable principle that I now submit this formal complaint against Westminster Social Services and the Royal Borough of Kensington and Chelsea (RBKC), whose approach to personal data appears inspired less by modern law than by the cloistered practices of medieval record-keepers.

Despite submitting multiple, properly constituted Subject Access Requests (SARs) — each written with the kind of precision that would make a barrister weep — I have received either no response or nonsensical evasions that defy both the letter and spirit of the UK GDPR and the Data Protection Act 2018.

I. A Timeline of Silence, Bureaucratic and Otherwise

I formally requested:

  • Access to all personal data held by Westminster Social Services;

  • Access to all personal data held by RBKC Social Services.

What I received:

  • Dead air.

  • Ghostly echoes of vanished professionalism.

  • Kafkaesque correspondence (on rare occasion) that suggested my request had been exiled to some back office shrine of administrative apathy.

This is not mere rudeness. It is a violation of law.

II. Legal Breaches: An Unflattering Catalogue

Their non-compliance is a direct breach of:

  • Article 15 of the UK GDPR (Right of Access) — with no lawful delay, no lawful extension, no lawful excuse.

  • The Data Protection Act 2018 — particularly in relation to timely response standards.

  • The Freedom of Information Act 2000 — for the principle that public information should be accessible, not concealed behind procedural tapestries.

III. Consequences of This Institutional Withholding

This obstruction has resulted in:

  • Severe disadvantage in legal and safeguarding proceedings, where access to personal records is essential to defence and redress;

  • The perpetuation of inaccurate or misleading information, immune from correction due to concealment;

  • Ongoing emotional distress, caused by the galling knowledge that my own personal data is being sequestered by public servants seemingly sworn to opacity.

IV. What I Now Request of the ICO (With the Gravitas the Situation Demands)

I respectfully request:

  1. A full investigation into Westminster and RBKC’s non-compliance;

  2. An enforceable instruction to release all withheld information, in full and unredacted;

  3. Consideration of sanctions or penalties for their unlawful conduct;

  4. Guidance on further recourse, should they continue in their fondness for secrecy.

V. On Deadlines and Decency

As befits proper protocol, I expect a full written response within 28 days. Failure to resolve this will result in escalation to further legal avenues, including but not limited to:

  • The Local Government & Social Care Ombudsman;

  • Direct litigation for breach of data rights;

  • And, if necessary, the European Court of Justice of My Patience.

Please confirm receipt of this complaint — and kindly advise which gallant officer of your esteemed organisation shall be charged with untangling this web of bureaucratic neglect.

🎀 Yours with due expectation of the restoration of lawful order,

Polly Chromatic

Founder, SWANK – Standards and Whinges Against Negligent Kingdoms
"Because even data has a right to liberty."
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