UK Family Law Reform

Free information index

----- Original Message -----
From: david@mortimers-removals.co.uk
To: CYP.Casework@lewisham.gov.uk
Cc: CYP.Casework@lewisham.gov.uk ; Foi@lewisham.gov.uk
Sent: Thursday, April 24, 2014 2:28 PM
Subject: Re: FOI -262638

Dear James Scott,

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: CYP.Casework@lewisham.gov.uk
To: david@mortimers-removals.co.uk
Cc: CYP.Casework@lewisham.gov.uk ; Foi@lewisham.gov.uk
Sent: Thursday, April 24, 2014 11:25 AM
Subject: FOI -262638

Dear Mr Mortimer,

Thank you for your request relating to child protection.

(A) what information the legislation & regulations require Lewisham Council to collect & hold on child abuse perpetrators

All cases of suspected child abuse are investigated in accordance with the requirements of Section 47 of the Children Act 1989, and relevant Statutory Guidance, the most important being "Working Together to Safeguard Children 2013".

As part of a Section 47 investigation, inter agency checks and enquiries are made to establish facts and identify the issues, as well as identifying and investigating alleged perpetrators of abuse.

Decisions are then made about appropriate intervention to safeguard the welfare of the child or children concerned. Those convicted of an offence against a child are recorded on the electronic system as someone who poses a risk to children, when we are notified by the police or prisons of the conviction. There is no separate list held.

The records of the allegations, investigation and outcomes are maintained in accordance with Data Protection principles for a period of 75 years from the date of birth of the victim, with information on convictions being held in perpetuity, and are available for reference in any subsequent enquiry, either by ourselves or any other safeguarding body, for example another Local Authority conducting a Section 47 enquiry. If there have been Court Proceedings in relation to a family, the records of those proceedings are retained by the Council for a period of 95 years.

(B) who your child protection policies are designed to protect children from if they are not based on this information?

Our child protection policies conform to the requirements of our statutory role in safeguarding the welfare of all children.

We hope you find this information useful.

Yours sincerely,

James Scott

----- Original Message -----
From: david@mortimers-removals.co.uk
To: David.Tominey@lewisham.gov.uk
Cc: CYP.Casework@lewisham.gov.uk ; Foi@lewisham.gov.uk
Sent: Wednesday, March 26, 2014 3:57 PM
Subject: Re: FOI 249515

Dear David Tominey,

Please will you kindly tell me (A) what information the legislation & regulations require Lewisham Council to collect & hold on child abuse perpetrators & (B) who your child protection policies are designed to protect children from if they are not based on this information?

Best regards Dave

----- Original Message -----
From: David.Tominey@lewisham.gov.uk
To: david@mortimers-removals.co.uk
Cc: CYP.Casework@lewisham.gov.uk; Foi@lewisham.gov.uk
Sent: Tuesday, January 21, 2014 12:23 PM
Subject: FOI 249515

Dear Mr Mortimer,

Thank you for your request under Freedom of Information. I am now able to provide the below information in response to your request.

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.

Provided is a list of numbers of young people who became subject to a Child Protection plan in the period 1st January 2013 to 31st December 2013.

The information requested on gender and familial relationship to the child is not recorded in a readily accessible form. To retrieve this information would require manual checks on all such cases.

We apply Section 12(1) of the Freedom of Information Act 2000, “Exemption where cost of compliance exceeds appropriate limit”, to this part of your request.
Section 12 states:

(1) Section 1(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit.

(2) Subsection (1) does not exempt the public authority from its obligation to comply with paragraph (a) of section 1(1) unless the estimated cost of complying with that paragraph alone would exceed the appropriate limit.

(3) In subsections (1) and (2) Â*the appropriate limit* means such amount as may be prescribed, and different amounts may be prescribed in relation to different cases.

(4) The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, where two or more requests for information are made to a public authority*

(a) by one person, or

(b) by different persons who appear to the public authority to be acting in concert or in pursuance of a campaign, the estimated cost of complying with any of the requests is to be taken to be the estimated total cost of complying with all of them.

(5) The Secretary of State may by regulations make provision for the purposes of this section as to the costs to be estimated and as to the manner in which they are to be estimated.

This acts as a refusal notice. This information is not held in a readily accessible format. It is estimated that the cost of locating, retrieving and collating the information would cost in excess of £450 (the set limit) and therefore exceeds the 'appropriate level' as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004

Costs for staff time i.e. staff retrieving and collating information are set at £25 per hour and this task would require us to spend more than 18 hours of staff time on preparing the relevant information. You are able to make a payment so that this task could be undertaken. You may also modify your request to reduce the cost of this task. Please contact us if you wish to proceed with one of these options.

Kind regards

David Tominey

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

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