UK Family Law Reform

Free information index

----- Original Message -----
From: Deepa.Shah@richmond.gov.uk
Sent: Friday, May 16, 2014 3:52 PM
To: david@mortimers-removals.co.uk
Subject: RE: Request for information under the Freedom of Information Act 2000

Dear David Mortimer,

We do not hold any further information other than that already set out in our previous response of 22 April.

Yours sincerely,

Deepa Shah

----- Original Message -----
From: david@mortimers-removals.co.uk
To: Deepa.Shah@richmond.gov.uk
Sent: Tuesday, April 22, 2014 11:10 AM
Subject: Re: Request for information under the Freedom of Information Act 2000

Dear Deepa Shah,

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: Deepa.Shah@richmond.gov.uk
To: david@mortimers-removals.co.uk
Sent: Tuesday, April 22, 2014 10:28 AM
Subject: Request for information under the Freedom of Information Act 2000

Dear David Mortimer,

Your request for information which was received on 21 March has been considered.

Please find our response below.

Your request:

Please will you kindly tell me (A) what information the legislation & regulations require the London Borough of Richmond upon Thames 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?

Our response:

Section 47 of the Children Act 1989 is where the Local Authority derives its responsibility to investigate allegations of child abuse and neglect. In complying with our statutory duty we must keep contemporaneous case recordings and details which are maintained in accordance with the requirements of the Data Protection Act 1998. This responsibility is further derived under the statutory guidance of Working Together 2013 issued by the Department of Education.

The Local Authority also has a responsibility to provide the Department of Education with statistical information in accordance with Section 83 of the Children Act 1989 in a manner set out by the Department. At the present time the Department has not required Local Authorities to specifically capture the relationship between victims and perpetrators of child abuse and neglect and thus our systems are not set up in a manner to capture this detail in an easily accessible manner. Therefore, the only way to glean this detailed information would be to go into each individual child record to obtain this information for each child protection enquiry undertaken. Given the volume of cases we deal with it would require considerable time and resources in which to conduct this form of enquiry and would exceed 18 hours which is the appropriate limit set under the Freedom of Information Act.

Please see the detailed legal reasoning behind our refusal in appendix 1.

Kind regards

FOI Team

Appendix 1

Detailed legal reasoning for refusal

Section 12: Exceeds the appropriate limit

We are unable to provide detailed information to the request above.

We consider that to do this would exceed the appropriate limit, as specified in the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004; therefore section 12(1) of the Act applies. Section 12(1) of the Freedom of Information Act 2000 provides.

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.”

The appropriate limit has been set at £450 and may include working hours of any person acting on our behalf at a rate of £25 per hour. This equates to 18 hours to locate and extract the relevant information.

It would take a considerable amount of time to examine individual child records for each child protection enquiry undertaken, given the volume of cases handled. We estimate that this task would therefore exceed the appropriate limit of 18 hours and we are therefore unable to provide detailed information in relation to your request.

In accordance with the Freedom of Information Act 2000 this letter acts as a Refusal Notice.

Yours sincerely,

Deepa Shah

Data Protection and Information Officer

----- Original Message -----
From: Natalie.Dewing@richmond.gov.uk
To: david@mortimers-removals.co.uk
Sent: Tuesday, January 21, 2014 3:57 PM
Subject: Request for information under the Freedom of Information Act 2000

Dear David Mortimer

Your request for information which was received on 30 December 2013 has been considered.

Please find our response below.

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.

Our response:

We do not hold the information requested in a reportable format. In order to respond to your request we would need to check each file where a child protection investigation was carried out in order to provide the level of detail you have requested,

Detailed legal reasoning for refusal

Section 12: Exceeds the appropriate limit

We are not able to provide the all information requested as we consider that to do so would exceed the appropriate limit, as specified in the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004; therefore section 12(1) of the Act applies.

The appropriate limit has been set at £450 and may include working hours of any person acting on our behalf at a rate of £25 per hour. This equates to 18 hours to locate and extract the relevant information.

To provide the information requested would require us to manually interrogate individual child protection files. This is a considerable task and would take in excess of 18 hours to complete.

In accordance with the Freedom of Information Act 2000 this letter acts as a Refusal Notice.

Kind regards

Natalie Dewing

Data Protection and Information Officer

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

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