Corporate Business Management

Chief Executive's Office

Room 248, Civic Centre, Newcastle upon Tyne, NE99 2BN

Tel: 0191 232 8520 ext. 26644 Fax: 211 4941

Direct Line: 0191 211 6644

E-Mail: freedomofinformation@newcastle.gov.uk

Web Site: www.newcastle.gov.uk

Ms Lynn Daley Our Ref: RFI.09.1761

[FOI #15186 email]

14 October 2009

Dear Ms Daley

Your request for information about electively home educated children made under the Freedom of information Act 2000 (FOIA)

I refer to your request for information of 25 July 2009 and to your request for an internal review of 21 September 2009.

I can confirm that this matter was considered by the FOIA Review Panel at a meeting held on 9 October 2009. The members of the panel were Ian Humphries (Manager, Lord Mayor's and Corporate Complaints Office) and Susan Ferguson (Corporate Information Governance Officer), neither of whom was involved in dealing with the original request. Also in attendance to assist the panel were Linda Mason (Head of Integrated Targeted Services, Children's Services), Sharon Turnbull (FOI Solicitor) and Peter Dinsdale (FOI and Data Protection Officer).

You acknowledged in an email to Mr Dinsdale on 23 September that you have now received the information that you had requested, but you stated that you would like us to investigate why our response was subject to a delay.

Your original request was received on 25 July 2009, which would make the 20 working day deadline for response 21 August 2009. Our response was sent to you on 23 September 2009, which is 42 working days following receipt of your request. The Panel acknowledges that by failing to supply you with this information within 20 working days the Council has breached section 10(1) of the Freedom of Information Act 2000 and we apologise for any inconvenience which this delay may have caused.

The delay was caused by relevant staff being on annual leave at the time your request was received. There was a two week delay from the date your request was logged on our system as the manager who had been allocated your request was on leave. A further delay was caused by the fact that some of the information you asked for is held by the Head of Elective Home Education, who is designated as a head teacher and is therefore entitled to take leave for the full summer break. Other information that you asked for had to be requested from social care staff, and again there were problems with relevant staff being on leave.

The directorate responsible for handling your request does recognise that they need to make some changes to working practices so that similar delays do not occur in the future. They are looking to put in place measures to cover requests for information when allocated officers are on leave, and they are also looking at how information can be readily accessed when relevant staff are not available.

If you are still unhappy with how we have handled your request following this internal review you can complain to the Information Commissioner. Contact details are as follows:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545745

E-mail: [email address]

Yours sincerely

Susan Ferguson

Corporate Information Governance Officer

Corporate Business Management Website address www.newcastle.gov.uk

Chief Executive's Office Tel +44 0191 211 6644

Room 248, Civic Centre Mobile

Newcastle upon Tyne Fax +44 0191 211 4941

NE99 2BN e-mail [email address]

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