UK Family Law Reform

Free information index

----- Original Message -----
From: david@mortimers-removals.co.uk
To: Jeremy.Coleman@eastsussex.gov.uk
Sent: Thursday, April 24, 2014 5:01 PM
Subject: Re: FOI Request ref: 3888

Dear Jeremy Coleman,

Please will you kindly confirm if you are aware there is no legislation or regulations which specifically requires local authorities to collect & hold information on child abuse perpetrators or for them to use that information to formulate their child protection policies. Nor is this information available for Government to use that information to formulate their child protection policies.

Best regards Dave

----- Original Message -----
From: Jeremy.Coleman@eastsussex.gov.uk
To: david@mortimers-removals.co.uk
Sent: Thursday, April 24, 2014 4:48 PM
Subject: FOI Request ref: 3888

Dear Mr Mortimer

FOI Request ref: 3888/ legislation or regulations which specifically requires local authorities to collect & hold information on child abuse perpetrators

Thank you for your request for information about the above. Your request was received on 24/4/2014 and I have dealt with it under the terms of the Freedom of Information Act 2000 (FOIA).

The FOIA provides public access to information held by public authorities,

It does this in two ways:

Public authorities are obliged to publish certain information about their activities; and
Members of the public are entitled to request information from public authorities.
The Act covers any recorded information that is held by a public authority in England, Wales and Northern Ireland, and by UK-wide public authorities based in Scotland. Recorded information includes printed documents, computer files, letters, emails, photographs, and sound or video recordings.

Your request does not appear to be a request for recorded information and is therefore not a valid request under the terms of the FOIA.

We are keen to assist you but can only respond to requests for recorded information.

Yours sincerely

Jeremy Coleman

http://www.eastsussex.gov.uk/foi

----- Original Message -----
From: Freedomof.Information@eastsussex.gov.uk
To: david@mortimers-removals.co.uk
Sent: Friday, April 04, 2014 8:16 AM
Subject: FOI Request ref: 3698

Dear Mr Mortimer

Thank you for your request for information about the above, which has been dealt with under the terms of the Freedom of Information Act 2000. Your request and our response are set out in the text boxes below. Please note that any information we provide is subject to the copyright and reuse of information terms and conditions set out at the bottom of this email.

Request:

Please will you kindly tell me who East Sussex County Council's child protection policies are designed to protect children from if they are not based on child abuse perpetrator information?

Response:

The Pan-Sussex CP and Safeguarding Policies cover a wide range of possible harm to children. The policies are regularly reviewed and updated in line with local identified concerns and national guidance. This is influenced by local and national data and learning from Serious Case Reviews around risks of harm to children. Therefore the policies are designed to protect children from all potential perpetrators of abuse whether this is intra or extra-familial.

Yours sincerely

Jeremy Coleman

----- Original Message -----
From: Freedomof.Information@eastsussex.gov.uk
To: david@mortimers-removals.co.uk
Sent: Wednesday, February 26, 2014 12:54 PM
Subject: FOI Request ref: 3594 / Mortimer / criteria for what types of child abuse information is collected & held by East Sussex County Council

Dear Mr Mortimer

Thank you for your request for information about the above. Your request was received on 26/2/2014 and I am dealing with it under the terms of the Freedom of Information Act 2000 (FOIA).

I note that this is your fifth recent request about a similar subject, the last three being within the past week. If you have several questions that you wish to ask, you may wish to consider submitting them in one request. This is because Regulation 4(3) of the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 states that a public authority can take into account the costs it reasonably expects to incur in carrying out the following activities in complying with a request for information:

· determining whether the information is held;

· locating the information, or a document containing it;

· retrieving the information, or a document containing it; and

· extracting the information from a document containing it.

There is staff time associated with each individual request, which quickly builds up when several individual requests are submitted rather than one comprising several questions. Section 12(1) FOIA provides that a public authority need not comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit. Section 12 (4) FOIA permits a public authority to add up the time taken in answering multiple requests from one person towards the overall cost limit. The ‘appropriate limit’ for non-Central Government public authorities is currently set at £450. In relation to staff time, this is calculated at a rate of £25 per member of staff per hour. This effectively equates to a time limit of 18 staff hours.

We are currently aggregating the time taken on your individual requests.

With regard to this request. We always aim to respond as quickly as possible, and in this case will do so no later than 25/3/2014, which is the 20 working day deadline. The deadline is counted from the first working day we receive it, not the date a letter is written / posted or an email sent.

In some circumstances a fee may be payable and if that is the case, I will let you know. A fees notice will be issued to you, and you will be required to pay before we proceed in dealing with your request.

Please quote the above reference number in any communication regarding this request.

Yours sincerely

Jeremy Coleman

Customer Information Officer

East Sussex County Council

----- Original Message -----
From: Freedomof.Information@eastsussex.gov.uk
To: david@mortimers-removals.co.uk
Sent: Wednesday, February 26, 2014 11:30 AM
Subject: FOI Request ref: 3575 / Mortimer / Complaints about ESCC collection of child abuse perpetrator information - 2

Dear Mr Mortimer

Thank you for your request for information about the above, which has been dealt with under the terms of the Freedom of Information Act 2000. Your request and our response are set out in the text boxes below. Please note that any information we provide is subject to the copyright and reuse of information terms and conditions set out at the bottom of this email.

Request:

Please will you kindly tell me if Philip Baker has made a formal written complaint about the way in which child abuse perpetrator information is collected by East Sussex County Council on paper or by email in the last 12 months or not?

Response:

The answer is no

Yours sincerely

Jeremy Coleman

----- Original Message -----
From: Freedomof.Information@eastsussex.gov.uk
To: david@mortimers-removals.co.uk
Sent: Thursday, February 20, 2014 10:56 AM
Subject: FOI Request ref: 3566

Dear Mr Mortimer

Thank you for your request for information about the above, which has been dealt with under the terms of the Freedom of Information Act 2000. Your request and our response are set out in the text boxes below. Please note that any information we provide is subject to the copyright and reuse of information terms and conditions set out at the bottom of this email.

Request:

Please will you kindly tell me if (A) Ged Rowney, (B) Liz Rugg, (C) Cathie Pattison or (D) Douglas Sinclair have made a formal written complaint about the way in which child abuse perpetrator information is collected by East Sussex County Council on paper or by email in the last 12 months or not?

Response:

None of the aforementioned people have made formal written complaints about the way in which child abuse perpetrator information is collected by East Sussex County Council.

Yours sincerely

Jeremy Coleman

Customer Information Officer

----- Original Message -----
From: Freedomof.Information@eastsussex.gov.uk
To: david@mortimers-removals.co.uk
Sent: Wednesday, February 19, 2014 9:34 AM
Subject: RE: FOI Request ref: 3452 / Mortimer / Child neglect

Dear Mr Mortimer,

Thank you for your further request for information.

The Freedom of Information Act provides public access to information held by public authorities,

It does this in two ways:

Public authorities are obliged to publish certain information about their activities; and
Members of the public are entitled to request information from public authorities.

The Act covers any recorded information that is held by a public authority in England, Wales and Northern Ireland, and by UK-wide public authorities based in Scotland. Recorded information includes printed documents, computer files, letters, emails, photographs, and sound or video recordings.

We are keen to assist you but can only respond to requests for recorded information. Would you please therefore clarify what recorded information you would like us to provide.

Yours sincerely

Jeremy Coleman

Customer Information Officer

East Sussex County Council

http://www.eastsussex.gov.uk

----- Original Message -----
From: david@mortimers-removals.co.uk
To: Freedomof.Information@eastsussex.gov.uk
Sent: Wednesday, February 19, 2014 9:20 AM
Subject: Re: FOI Request ref: 3452 / Mortimer / Child neglect

Dear Jeremy Coleman,

Please will you kindly tell me if (A) Ged Rowney, (B) Liz Rugg, (C) Cathie Pattison or (D) Douglas Sinclair have personally questioned the way in which child abuse perpetrator information is collected by East Sussex County Council in the last 12 months or not?

Best regards Dave

----- Original Message -----
From: Freedomof.Information@eastsussex.gov.uk
To: david@mortimers-removals.co.uk
Sent: Tuesday, February 18, 2014 11:48 AM
Subject: FOI Request ref: 3452 / Mortimer / Child neglect

Dear Mr Mortimer

Response:

(a) East Sussex County Council Children's Services Director of Children's Services Ged Rowney. Responsibility delegated to Liz Rugg, Assistant Director Safeguarding, LAC & SEN.

(b) Performance is held to account by the Council Cabinet and the Children's Services Scrutiny Committee which publishes minutes and reports.

(c) The East Sussex Local Safeguarding Children Board Independent Chair Cathie Pattison has responsibility for the Pan-Sussex Child Protection and Safeguarding Procedures. Safeguarding responsibility is held by Director of Children's Services Ged Rowney and is delegated to Douglas Sinclair, Head of Children's Safeguarding and Quality Assurance, who sits on the Pan-Sussex Procedures sub-group.

(d) Performance is held to account by the LSCB (including lay-members) and by the Children's Services Scrutiny Committee.

(e) East Sussex County Council collects information on child abuse perpetration.

I hope that this answers your enquiry. If you believe that the County Council has not complied with the FOI Act in responding to your request, you may ask for an internal review. If you wish to do so, please set out the grounds of your appeal in writing to:

Philip Baker, Assistant Director, Legal and Democratic Services, East Sussex County Council, County Hall, St Anne’s Crescent, Lewes, East Sussex. BN7 1UE.

or by email to him at Philip.baker@eastsussex.gov.uk

Please quote the FOI reference number in any communication regarding this particular request.

Yours sincerely

Jeremy Coleman

----- Original Message -----
From: Freedomof.Information@eastsussex.gov.uk
To: david@mortimers-removals.co.uk
Sent: Wednesday, January 29, 2014 11:28 AM
Subject: FOI Request ref: 3259 / Mortimer / Child Abuse

Dear Mr Mortimer

Thank you for your request for information about the above, which has been dealt with under the terms of the Freedom of Information Act 2000. Your request and our response are set out in the text boxes below. Please note that any information we provide is subject to the copyright and reuse of information terms and conditions set out at the bottom of this email.

Request:

Request for information under the freedom of information act.

Please will you kindly tell me what the (a) gender and (b) familial relationship was to the child victim of offenders in substantiated child abuse cases in the area which you have a duty to protect children from abuse for the last full year which figures are available, broken down by (i) physical abuse, (ii) emotional abuse, (iii) sexual abuse and (iv) cases of neglect.

Clarification

What I mean by substantiated child abuse cases are those who have been taken through the criminal justice system & found guilty of a child abuse offence. What I mean by child is those under the age of 18 years of age. What I want is information on the perpetrators of child abuse. I am not asking for any information about the child victims.

Response:

You have clarified that ‘substantiated child abuse cases’ are those which have been taken through the criminal justice system and the perpetrator found guilty of a child abuse offence. Also, that you are requesting information on the perpetrators of child abuse rather than the child victims.

East Sussex County Council does not hold this information in a centralised form and we would need to manually interrogate individual case records to locate and collate the information that you have requested.

Section 12 FOIA 2000 provides that a public authority is not obliged to comply with a request for information if it estimates that meeting the request would exceed the appropriate cost limit. This ‘appropriate limit’ is set out in the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. The ‘appropriate limit’ for non Central Government public authorities is currently set at £450. In relation to staff time, this is calculated at a rate of £25 per member of staff per hour. This effectively equates to a time limit of 18 staff hours.

To ensure an effective estimate of the time it would take to respond to your request, I have asked the relevant officer to estimate how long it would take for them to identify and locate the information you seek. The estimate for responding to your request exceeds 18 hours and therefore exceeds the ‘appropriate limit’. Where a public authority estimates that responding to the request would exceed the appropriate limit, there is no obligation on the public authority to carry out searches up to the 18 hour limit. Section 12 effectively removes the information from the scope of the duty to disclose altogether.

I am therefore refusing your request under the provisions of Section 12 FOIA 2000.

Under the terms of the FOIA 2000 you are entitled to refine the information that you are seeking. The County Council would then reconsider the request to determine whether it could provide the information within the appropriate limit.

If you have not already done so, you may wish to direct your request to Sussex Police. We believe that Sussex Police would be best placed to provide the most accurate response to these questions. Please find their contact details below.

Sussex Police FOI contact details:

FOI Disclosure Officer

Corporate Development Department

Police Headquarters

Malling House

Church Lane

LEWES

BN7 2DZ

Tel: 101 ext. 45251

Email: foi@sussex.pnn.police.uk

Yours sincerely

Jeremy Coleman

Who do local authorities protect children from? 28th December 2013

http://www.ukfamilylawreform.co.uk/abuse.htm