Freedom of Information Act 2000 [FoIA]

Dear Mr Moore

Thank you for your e-mail of the 21 May 2010 clarifying that you want any recorded information held by the Ministry of Justice [MoJ] that defines the terms relating to `emotional harm' and `emotional abuse'.

I can confirm that the MoJ does hold some information of relevance to your request, and that we intend to publish this in the near future.

As we intend to publish the information you are seeking at a later date, I believe that this information is exempt from disclosure under the terms of Section 22 (Information intended for future publication) of the FoIA. This exemption is qualified, which means I have to consider the balance of the public interest when deciding whether or not to disclose the information.

The public interest test is where the MoJ must consider whether it is in the public interest to withhold or disclose the information requested if it is covered by certain exemptions in the FoIA.

The issues I have considered are explained below:

Arguments in Favour of Disclosure

I recognise that there are public interest arguments in favour of disclosing this information ahead of the scheduled publication date. Disclosure would, for example, provide advice about the legal process local authorities have to follow when they think your child is not being looked after properly and it would explain what type of abuses could lead to a care order.

Arguments Against Disclosure

There are public interest arguments against disclosure of this information at the present time. These are that the information requested has not been finalised due to the ongoing consultation process. The release of draft information that might be different to the final version could be misleading. To prematurely disclose this information would undermine the necessary pre-publication consultation assessment that is required for this information before any general publication occurs.

Public authorities must have the space to determine their own publication timetables in order to allow the necessary preparation, administration and context of publication. We believe the public interest is best served by the MoJ being able to control and manage planned release of the information in an organised and considered manner.

It is my view that, on balance, the public interest is better served by withholding this information under Section 22 of the FoIA at this time.

Having said that, I can advise that a local authority may apply for a care or supervision order if it considers that the threshold criteria are established. Section 31(2) of the Children Act 1989 sets out the `threshold criteria'. A court has no power to make a care or supervision order in favour of a local authority unless, as a matter of fact, it is satisfied that:

(a) the child concerned is suffering, or is likely to suffer, significant harm, and

(b) that the harm or likelihood of harm is attributable to either

or

Harm includes impairment from seeing or hearing the ill treatment of another.

The definitions of harm can be found in the Department for Education recently published statutory guidance called `Working Together to Safeguard Children', which is available at the below link. This guidance sets out key definitions, in pages 34 to 39, covering children in need, the concept of significant harm, physical abuse, emotional abuse, sexual abuse and neglect.

 http://publications.dcsf.gov.uk/default.aspx?PageFunction=productdetails&PageMode=publications&ProductId=DCSF-00305-2010

In that guidance the Department of Health has defined emotional abuse as “the persistent emotional ill-treatment of a child such as to cause severe and persistent adverse effects on the child's emotional development”. It may involve conveying to children they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may feature age or developmentally inappropriate expectations being imposed on children. It may involve causing children frequently to feel frightened or in danger, or the exploitation or corruption of children.

The quality of care given to a child will be compared with what it would be reasonable to expect a parent to give the child. Care includes responsibility for making proper provision for the child's health and welfare (including promoting their physical, intellectual, emotional, social and behavioural development) and not just meeting basic survival needs.

I hope this information helps.

You may wish to make a request to the National Safeguarding Delivery Unit at the Department for Education as they may hold some information you are seeking. You can contact the Department for Education [DfE] at the following e-mail address:

[email address].uk

You can also write to the Department at:

Department for Education
Castle View House
East Lane
Runcorn
Cheshire
WA7 2GJ

As part of our obligations under the FoIA, the MoJ has an independent review process. If you are dissatisfied with this response, you may write to request an internal review.

The internal review will be carried out by someone who did not make the original decision, and they will re-assess how the MoJ handled the original request.

If you wish to request an internal review, please write or send an email to the Data Access and Compliance Unit within two months of the date of this letter, at the following address:

Data Access and Compliance Unit

Information Directorate

Ministry of Justice

6^th Floor, Zone B

Post point 6.23

102 Petty France

London

SW1H 9AJ

e-mail: [email address]

If you remain dissatisfied after an internal review decision, you have the right to apply to the Information Commissioner's Office under Section 50 of the FoIA. You can contact the Information Commissioner's Office at the following address:

The Information Commissioner Office

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire,

SK9 5AF.

E-mail: [email address]

Yours Sincerely,

Carl Pencil

Data Access Compliance Unit [DACU]