UK Family Law Reform

Free information index

----- Original Message -----
From: SCBroughton@westberks.gov.uk
To: david@mortimers-removals.co.uk
Sent: Tuesday, March 04, 2014 5:48 PM
Subject: RE: Request for information under the freedom of information act.

Dear Mr Mortimer,

I think this correspondence is really not going anywhere and serves no useful purpose. I have explained that we must by law (the Children Act 1989) collect information about abuse impacting on our child clients, as part of the social care process. This will, obviously, encompass any information about child abuse where it relates to a client. This is not the same as statistical information, which we do not collect, and which seems to be the focus of your emails. I don’t understand your questions about criteria. I don’t believe it would be possible to set criteria limiting what can be done in respect of collecting information about child clients. All information in relation to child clients may be relevant to a case.

If you need to ask about what central government requires, your emails will be better directed to them. You may also wish to look at the provisions of the Children Act 1989 which sets out the requirements for Child Protection.

Yours sincerely

Sue Broughton

Information Management Officer

----- Original Message -----
From: david@mortimers-removals.co.uk
To: SCBroughton@westberks.gov.uk
Sent: Tuesday, March 04, 2014 5:36 PM
Subject: Re: Request for information under the freedom of information act.

Dear Sue Broughton,

Are you telling me Central Government does not set the criteria for what child abuse information is collected & held by West Berkshire Council?

Best regards Dave

----- Original Message -----
From: SCBroughton@westberks.gov.uk
To: david@mortimers-removals.co.uk
Sent: Tuesday, March 04, 2014 5:23 PM
Subject: RE: Request for information under the freedom of information act.

Dear Mr Mortimer,

The Council’s duty in respect of Child Protection is set out in law. More information on Child Protection processes within this authority are provided here:

http://www.westberks.gov.uk/index.aspx?articleid=10676

As you appear to have misunderstood my comments, I would explain to you that any child client’s file will of course contain information on the perpetrators of abuse, as part of the information collected about the child, if that child has been subject to child abuse. Information in a child’s file is not just about the child.

Yours sincerely

Sue Broughton

Information Management Officer

----- Original Message -----
From: david@mortimers-removals.co.uk
To: SCBroughton@westberks.gov.uk
Sent: Tuesday, March 04, 2014 5:09 PM
Subject: Re: Request for information under the freedom of information act.

Dear Sue Broughton,

Please will you kindly tell me how you think West Berkshire Council can write child protection policies which would best effectively protect children from abuse if they do not collect any information on child abuse perpetrators & can you kindly tell me who your child protection policies are designed to protect children from if you do not collect any information on child abuse perpetrators?

Best regards Dave

----- Original Message -----
From: SCBroughton@westberks.gov.uk
To: david@mortimers-removals.co.uk
Sent: Tuesday, March 04, 2014 5:03 PM
Subject: RE: Request for information under the freedom of information act.

Dear Mr Mortimer,

As explained in my previous emails, if a child is a client and suffers child abuse we will hold this data in their client files. This will also occur if child abuse is reported to us and we investigate the case (because the child then becomes a client). But there is no requirement to collect child abuse data on a wider scale. We will only hold data relating to clients and this will be part of the client case file, which we are legally required to hold.

I hope this clarifies the situation for you.

Yours sincerely

Sue Broughton

Information Management Officer

From: david@mortimers-removals.co.uk
Sent: 04 March 2014 16:59
To: SCBroughton@westberks.gov.uk
Subject: Re: Request for information under the freedom of information act.

Dear Sue Broughton,

I was wondering if Mark Evans had made a formal complaint about what types of child abuse information is collected & held by West Berkshire Council to the Department for Education but you have told me there is no criteria for what types of child abuse data is collected and held by West Berkshire.

Please will you kindly tell me if West Berkshire Council is legally required to collect information on child abuse & if so, exactly what information it is legally required to collect & hold?

Best regards Dave

----- Original Message -----
From: SCBroughton@westberks.gov.uk
To: david@mortimers-removals.co.uk
Sent: Tuesday, March 04, 2014 4:37 PM
Subject: RE: Request for information under the freedom of information act.

Dear Mr Mortimer,

I don’t understand your question. Why would Mark Evans make a complaint about child abuse information the authority collects within case files, and to whom would the complaint be made?

There is no criteria for what types of child abuse data is collected and held by West Berkshire. Child abuse data is not collected as an intellectual exercise – it will form part of the case file for a child receiving social care services from the Council – in other words, if a child is suffering abuse and is a client, then the authority will hold that information as client data.

Yours sincerely

Sue Broughton

Information Management Officer

----- Original Message -----
From: david@mortimers-removals.co.uk
To: SCBroughton@westberks.gov.uk
Sent: Tuesday, March 04, 2014 4:31 PM
Subject: Re: Request for information under the freedom of information act.

Dear Sue Broughton,

Please will you kindly tell me if Mark Evans has made a formal complaint about what types of child abuse information is collected & held by West Berkshire Council in the last 12 months?

Please will you also tell me who set the criteria for what types of child abuse information is collected & held by West Berkshire Council?

Best regards Dave

----- Original Message -----
From: SCBroughton@westberks.gov.uk
To: david@mortimers-removals.co.uk
Sent: Monday, February 10, 2014 9:33 AM
Subject: RE: Request for information under the freedom of information act.

Dear Mr Mortimer,

Thank you for your email. As advised in my response we are unable to provide this information as it would exceed the ‘appropriate limit’ to extract it from case files. Can you clarify whether your email is a request for a review of this decision?

Yours sincerely

Sue Broughton

Information Management Officer

----- Original Message -----
From: david@mortimers-removals.co.uk
To: SCBroughton@westberks.gov.uk
Sent: Sunday, February 09, 2014 2:17 PM
Subject: RE: Request for information under the freedom of information act.

Dear Sue Broughton,

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: SCBroughton@westberks.gov.uk
To: david@mortimers-removals.co.uk
Sent: Monday, January 27, 2014 12:47 PM
Subject: FoI/2014/91 - Mortimer

Dear Mr Mortimer,

Request for information: Childrens Services

Thank you for your request. You have asked:

Please will you kindly tell me:

(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;

West Berkshire Council, Head of Childrens Services, Mark Evans

(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;

Corporate accountability would fall to the Director, the Chief Executive, the Portfolio Holder, inspection by OSTED. There are other means by which a member of the public holds an authority accountable, and they would need to take legal advice on this.

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

West Berkshire Council, Head of Childrens Services, Mark Evans

(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;

Corporate accountability would fall to the Director, the Chief Executive, the Portfolio Holder, inspection by OSTED. There are other means by which a member of the public holds an authority accountable, and they would need to take legal advice on this.

(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 is not a request for ‘recorded information’. Councils have a statutory duty under The Children Act 1989 to provide services which includes services to child clients who have been abused. All clients have case files.

If you are dissatisfied with our response, you may ask for an internal review. Please explain fully your reasons for requesting a review. You should contact David Lowe, Scrutiny & Partnerships Manager, Strategic Support, Council Offices, Market Street, Newbury RG14 5LD, email dlowe@westberks.gov.uk if you wish to request a review. If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

http://www.ico.gov.uk

Yours sincerely

Sue Broughton

Information Management Officer

-----Original Message-----
From: SCBroughton@westberks.gov.uk
Sent: Thursday, January 16, 2014 5:42 PM
To: david@mortimers-removals.co.uk
Subject: RE: Request for information under the freedom of information act.

Dear Mr Mortimer,

Thank you for your request and my apologies that this was not
acknowledged earlier. I have established in conversation with the
Children's Service that we do not hold this information in the way you
are requesting (we do not collect this information statistically) and we
would only be able to extract this data by a manual search through every
Childrens Service case file, work which would exceed the 'appropriate
limit' of 18 hours, and is therefore subject to a refusal under S12 of
the Freedom of Information Act 2000. A copy of the exemption is
attached. In addition the authority is not required to make a judgement
as to whether a case is 'substantiated' or not, so the question is
meaningless from this aspect.

If you are dissatisfied with our response, you may ask for an internal
review. Please explain fully your reasons for requesting a review. You
should contact David Lowe, Scrutiny & Partnerships Manager, Strategic
Support, Council Offices, Market Street, Newbury RG14 5LD, email
dlowe@westberks.gov.uk if you wish to request a review. If you are not
content with the outcome of the internal review, you have the right to
apply directly to the Information Commissioner for a decision. The
Information Commissioner can be contacted at:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
http://www.ico.gov.uk

Yours sincerely

Sue Broughton
Information Management Officer
West Berkshire Council

-----Original Message-----
From: david@mortimers-removals.co.uk
Sent: 28 December 2013 10:41
To: scbroughton@westberks.gov.uk
Subject: Request for information under the freedom of information act.

Dear West Berkshire Council

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.

David Mortimer

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

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