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Institutional abuse and Evictions of Care Home Residents

Doug Paulley made this Freedom of Information request to Staffordshire County Council

The request was refused by Staffordshire County Council.

From: Doug Paulley

25 June 2010

Dear Staffordshire County Council,

1) Please supply information relating to the incidence of attempts
by care providers to evict residents in care homes - that is, care
providers giving residents notice to leave or otherwise attempting
to get them to leave without their involvement in the decision or
against their wishes.

Please indicate the number of cases you are aware of for the last 3
years, also indicating if and how your council responded to the
situation, and what was the ultimate result of the sitaution, i.e.
if and how the situation was resolved.

2) Please provide me with the number of instances your council is
aware of where either CQC or local authority safeguarding
procedures have substantiated allegations of insitutional abuse of
a Leonard Cheshire social care service user over the past 3 years.

Further, please provide anonymised information on the alleged
behaviour by Leonard Cheshire resulting in the conclusion.

Yours faithfully,

Doug Paulley

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From: Doug Paulley

27 July 2010

Dear Staffordshire County Council,

I note that you have not responded to (or even acknowledged) this
Freedom of Information Request, and that the 20 working day
deadline has now passed. By law, you should normally have responded
promptly and by 26 July 2010

I wonder if you could please indicate the status of my request and
respond as soon as is practicable.

Thank you

Yours faithfully,

Doug Paulley

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From: Stibbs, Lian (L&G)
Staffordshire County Council

27 July 2010

Dear Mr Paulley,

I write with regard to your email below. We do not routinely acknowledge
requests for information, however, I responded to your request, seeking
clarification on the 8/7/10. As a result of seeking clarification the
deadline is extended by one day. Please find the authorities response
below;

Response to Question 1

A termination clause for Long Stay admissions is currently written into
care provider contracts - an extract of the termination clause is
available if requested.

As the termination of a placement by a provider is permissible under the
contract terms and conditions this information is not routinely collated.
If, however, there are safeguarding concerns regarding the provider's
treatment of the service user these can be reported under the Vulnerable
Adult Procedure and are duly investigated by Staffordshire County
Council's Safeguarding Team, in conjunction with the Quality Monitoring
Team and the relevant Case Manager. If the allegations are substantiated
appropriate action is then taken. Remedies include issuing an action plan
to the provider detailing the action required, the suspension of new
placements, the termination of the contract or the notification of
relevant authorities including the Care Quality Commission or the police.

Response to Question 2

We have only one Leonard Cheshire Home in Staffordshire - St. Anthony's in
South Staffs.

We do not have information specifically regarding institutional abuse as
we tend to break this down into the categories of Physical, Sexual,
Emotional, Neglect, Financial and Discriminatory.

We do however keep records of who the alleged abusers were and over the 3
years we had 4 referrals where the alleged abusers were staff members. In
2 cases the allegations of abuse were substantiated and in one case they
were partially substantiated. The types of abuse referred were:

Physical abuse x 1 Partially substantiated

Emotional abuse x 1 Not substantiated

Neglect x 2 Substantiated

If you have any queries or require any further information please do not
hesitate to contact me.

In the first instance if you have any comments relating to how your
request has been handled by our authority, please contact Philip Jones,
Head of Information Governance, Information Governance Unit, 1a Bailey
Street, Stafford, ST17 4BG.

If you have any further comments relating to how your request has been
handled by our authority, please contact the Information Commissioner,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours Sincerely,

Lian Stibbs

Access to Information Officer

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From: Doug Paulley

27 July 2010

Dear Stibbs, Lian (L&G),

Thank you for your response. I did not receive your email
requesting clarification.

You haven't provided information regarding the number of people
served notice etc. under my Question 1, but neither have you
submitted a formal refusal. I appreciate the offer of alternative
information, however what I would prefer is if you could give an
idea of the incidence of occasions whereby residents have been
served notice against their will, and some idea as to how this was
resolved.

I appreciate that details of this would only be in individual care
records, however where the Council / Social Services personnel have
been made aware of such incidents, it tends to stick in the mind.
An informal enquiry from social service department heads would be
productive and very useful if possible.

thank you

Yours sincerely,

Doug Paulley

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From: Stibbs, Lian (L&G)
Staffordshire County Council

27 July 2010


Attachment Re FW Freedom of Information request Institutional abuse and Evictions of Care Home Residents.html
3K Download


Dear Mr Paulley,

I have attached the request for clarification and your response for your
reference. For question 1 I shall contact the relevant team in order to
ascertain if a further response can be provided. For question 2 under the
Act we have no duty to create a response if information is not held.
However, I shall pass on your request for the department's consideration.

Yours sincerely,

Lian Stibbs

Access to Information Officer

show quoted sections

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From: Stibbs, Lian (L&G)
Staffordshire County Council

16 August 2010

Dear Mr Paulley,

Further to your earlier email, I can confirm that to respond to your
request for information will take us over the statutory £450 cost
ceiling. Therefore we will not be able to respond to question 1 under
section 12 of the Freedom of Information Act 2000.

As the information you request for question 2 is not held we are not in a
position to respond to your request.

 

If you have any queries or require any further information please do not
hesitate to contact me.

In the first instance if you have any comments relating to how your
request has been handled by our authority, please contact Philip Jones,
Head of Information Governance, Information Governance Unit, 1a Bailey
Street, Stafford, ST17 4BG.

If you have any further comments relating to how your request has been
handled by our authority, please contact the Information Commissioner,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours Sincerely

Lian Stibbs

Senior Access to Information Officer

show quoted sections

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From: Doug Paulley

16 August 2010

Dear Staffordshire County Council,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Staffordshire County
Council's handling of my FOI request 'Institutional abuse and
Evictions of Care Home Residents'.

I wish to appeal the first part, where you say that providing
information on people in care homes given notice or subjected to
attempted eviction without their will would be too expensive to
provide as it would necessitate a manual search of care records.

I dispute this on two grounds.

1) Where attempts are made to evict residents in care homes against
their will, it is an event that is likely to escalate and to stick
in peoples' minds. Indeed it tends to make the news, for example:
http://www.telegraph.co.uk/news/uknews/1...

A simple query to the head of adult social services for each area
would therefore likely yield the required results without a manual
search. For the avoidance of doubt, the results of such an informal
information gathering exercise would be more than satisfactory to
me in answering my question.

2) I have made the same Freedom of Information Request to every
council in the country. Whilst not all results are yet in, lots of
councils have provided the same information for their area very
promptly and without any apparent difficulty.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/in...

Yours faithfully,

Doug Paulley

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From: Stibbs, Lian (L&D)
Staffordshire County Council

24 September 2010


Attachment Final response.doc
270K Download View as HTML


Dear Mr Paulley,

Please find the authority's response attached.

Yours sincerely,

Lian Stibbs
Senior Access to Information Officer

show quoted sections

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