UK Family Law Reform

Free information index

----- Original Message -----
From: FOI.Officer@northtyneside.gov.uk
To: david@mortimers-removals.co.uk; FOI.Officer@northtyneside.gov.uk
Sent: Friday, March 28, 2014 3:29 PM
Subject: RE: REQUEST FOR INFORMATION RFI 140301

Dear Mr Mortimer

The Authority has previously responded to this in your request RFI 140098, copy attached, which referred to a previous request, RFI 140075 also attached, which has been published on the Authority’s website.

I would also advise you to look at “Collection: Children's social care: guidance and advice” on the Government website at the following link.

https://www.gov.uk/government/collections/childrens-social-care-and-childcare-guidance

This states “Local authorities are only required by law to follow the statutory guidance in this collection.

The other guidance publications here are departmental advice to help professionals understand what complex legal requirements mean in practice. They explain what needs to be done to comply with the law.

All these publications reflect the current legal position (unless otherwise indicated), but those published before June 2010 may not reflect the current government’s policies.”

The Authority considers it has complied with its requirements under the Freedom of Information Act and as such cannot help you further under the Act.

If you have any further queries about children services these should be directed to them.
Further information about children services can be found on the Authority’s website at the following link. http://www.northtyneside.gov.uk/browse-sub-cat.shtml?p_subjectCategory=4

Regards

Geoff Snary

----- Original Message -----
From: david@mortimers-removals.co.uk
To: FOI.Officer@northtyneside.gov.uk
Sent: Friday, March 28, 2014 1:40 PM
Subject: Re: REQUEST FOR INFORMATION RFI 140301

Dear Geoff Snary,

I'm not asking you for legal advice. What I would like you to tell me is what information North Tyneside Council is actually required to collect & hold on child abuse perpetrators by the currently legislation & regulations.

Best regards Dave

----- Original Message -----
From: FOI.Officer@northtyneside.gov.uk
To: david@mortimers-removals.co.uk
Cc: FOI.Officer@northtyneside.gov.uk
Sent: Friday, March 28, 2014 8:05 AM
Subject: RE: REQUEST FOR INFORMATION RFI 140301

Dear David Mortimer

What you ask is not a request for recorded information held as defined by the Freedom of Information Act. You appear to be asking about the national regulatory framework and for legal advice. This is not something the Council can help you with.

Regards

Geoff Snary

----- Original Message -----
From: FOI.Officer@northtyneside.gov.uk
To: david@mortimers-removals.co.uk
Cc: FOI.Officer@northtyneside.gov.uk
Sent: Tuesday, March 25, 2014 11:23 AM
Subject: REQUEST FOR INFORMATION RFI 140301

Dear David Mortimer

Your request for information under the above legislation has now been considered. Please see response below:

This does not appear to be a request for recorded information as per section 8(1) of the FOI Act, in which it states that a valid request for information is a request which, among other criteria, “describes the information requested.”

Information is defined in section 84 of the Act as “information recorded in any form.”

The request is posed as a question of the Council and does not actually describe recorded information, and it appears that the Applicant of the request would reasonably expect the Council to respond with its justification and explanation, not with specific recorded information.

The Council therefore has no obligation to respond to this request under the Act and therefore the request is refused.

However information about child protection policies in North Tyneside is available on the Local Safeguarding Children Board (LSCB) website at this link:

http://www.northtyneside.gov.uk/browse.shtml?p_subjectCategory=486

The LSCB is the body which co-ordinates local organisations to safeguard children, and agrees child protection policies and procedures.

Regards

Geoff Snary

----- Original Message -----
From: david@mortimers-removals.co.uk
To: FOI.Officer@northtyneside.gov.uk
Sent: Tuesday, March 18, 2014 3:15 PM
Subject: Re: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION RFI 140198

Dear Geoff Snary,

Please will you kindly tell me if Jean Griffiths's child protection policies are based on child abuse perpetrator information & if not who they are designed to protect children from?

Best regards Dave

----- Original Message -----
From: FOI.Officer@northtyneside.gov.uk
To: david@mortimers-removals.co.uk
Cc: FOI.Officer@northtyneside.gov.uk
Sent: Tuesday, March 18, 2014 2:04 PM
Subject: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION RFI 140198

Dear David Mortimer

In all further correspondence please quote our reference RFI 140198

Your request for information under the above legislation has now been considered. Please see response attached.

Please note that an anonymised copy of this response will be published in our Disclosure Log.

This is a record of responses to completed requests for information that the Council has received and dealt with under the Freedom of Information Act 2000 and Environmental Information Regulations 2004 from 6th July 2009 onwards. The Disclosure Log is available online at the following address:

http://www.northtyneside.gov.uk/foi-disclosures.shtml?p_subjectCategory=847

I trust that this information answers your enquiry, but if you have any further queries please do not hesitate to contact me.

Regards
Geoff Snary
Law and Governance
North Tyneside Council

----- Original Message -----
From: FOI.Officer@northtyneside.gov.uk
To: david@mortimers-removals.co.uk; FOI.Officer@northtyneside.gov.uk
Sent: Thursday, February 27, 2014 11:32 AM
Subject: RE: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION RFI 131155

Dear David Mortimer

Your original request asked about “child victim of offenders in substantiated child abuse case”. You now ask about “those who have been taken through the criminal justice system & found guilty of a child abuse offence”.

This is a request for different information. However this information is not held by the Council it is held by Northumbria police and as such you should request this directly from them.

Regards

Geoff Snary
Law and Governance
North Tyneside Council

----- Original Message -----
From: david@mortimers-removals.co.uk
To: FOI.Officer@northtyneside.gov.uk
Sent: Wednesday, February 19, 2014 9:43 AM
Subject: Re: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION RFI 140098

Dear Geoff Snary ,

Please will you kindly provide me with the name/s of the people who are employed by North Tyneside Council who have a legal duty to (A) protect children & (B) to collect child abuse perpetrator information?

Best regards Dave

----- Original Message -----
From: FOI.Officer@northtyneside.gov.uk
To: david@mortimers-removals.co.uk
Cc: FOI.Officer@northtyneside.gov.uk
Sent: Wednesday, February 19, 2014 9:26 AM
Subject: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION RFI 140098

Dear David Mortimer

Request:

Under the Freedom of Information Act, could you kindly supply me with the following:

(a) the council authority, council officer and the name of that officer, who decides on what information on child neglect and abuse is collected & held by your council; Requirements on child protection information are set out in legislation and associated national guidance: key amongst these are Children Act 1989 and 2004, and Working Together, but this is not an exhaustive list.

There is no one person who decides how such legislation and guidance is implemented within the Council, but associated policies and procedures would be developed and agreed by the relevant service managers, and approved by the Local Safeguarding Children Board (LSCB).

(b) the means by which that person is held to account by a member of the public for their performance in discharging that public function; There are a number of means, including elected member involvement, and the formal complaints process. The ‘Council and Democracy’ and ‘Customer Services’ pages on our website provide information about this.

Any concerns from a member of the public could be raised directly with the LSCB using the contact details on the LSCB page of the website. Concerns could also be raised with national regulatory bodies such as Ofsted or the Information Commissioner’s Office.

(c) the council authority, the council officer and the name of that officer, responsible for your child protection policies;

As above, requirements are largely set out in legislation and associated guidance. The Local Safeguarding Children Board (LSCB) is the body which co-ordinates local organisations to safeguard children, and any local policies and procedures would be approved by the LSCB.

(d) the means by which that person is held to account by a member of the public for their performance in discharging that public function;

Please see response to (b) above.

(e) how the function in (c) is properly discharged and held accountable for policies which would best effectively protect children from abuse if the person referred to in

(a) does not collect any information on child abuse perpetration?"

This question is not a request for information as per section 8(1) of the FOI Act, in which it states that a valid request for information is a request which, among other criteria, “describes the information requested.”

Information is defined in section 84 of the Act as “information recorded in any form.” It is posed as a question of the Council and does not actually describe recorded information, and it appears that the Applicant of the request would reasonably expect the Council to respond with an explanation, not with specific recorded information. The Council therefore has no obligation to respond to this question under the Act and this part of the request is therefore refused.

Regards
Geoff Snary
Law and Governance
North Tyneside Council

----- Original Message -----
From: david@mortimers-removals.co.uk
To: FOI.Officer@northtyneside.gov.uk
Sent: Sunday, February 16, 2014 12:35 PM
Subject: Re: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION RFI 131155

Dear Geoff Snary,

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.

Yours Sincerely

David Mortimer

----- Original Message -----
From: FOI.Officer@northtyneside.gov.uk
To: david@mortimers-removals.co.uk
Cc: FOI.Officer@northtyneside.gov.uk
Sent: Monday, January 27, 2014 10:25 AM
Subject: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION RFI 131155

Dear David Mortimer

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

(iv) cases of neglect.

Response:

This information is refused under s12 (1) Freedom of Information Act 2000, since the cost of complying would exceed the appropriate limit set out in the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004.

In assessing the cost of complying, the costs attributable to officer time involved in complying have been taken into account. Such costs are limited to £450.00 under the Regulations, which equates to eighteen hours of officer time.

The reason for this is that to provide this information would require a search of individual case files, of which there are in excess of 300 files.

However we can provide the following information, which shows current figures for children subject to a child protection plan, with the reason for the plan. The figures are as at 22nd January 2014.

ICS Abuse Catagory
Emotional Abuse 59
Neglect 81
Physical Abuse 27
Sexual Abuse 11
Sum 178

Regards
Geoff Snary
Law and Governance
North Tyneside Council

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

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