Dear Sir/Madam, In the Judicial Review of the Interim Interdict
Kevin McCahery (Petitioner)V Aberdeen City Council (Respondents).
OPINION of LORD CARLOWAY. Dated 16 May 2008.
(www.scotcourts.gov.uk/opinions/2008CSOH73.html - 48k). In the
statement put forward by the Respondents legal advisors (Hood;
Morton Fraser WS ) , in (1) Facts it states……. Quote, “In October
2007, the respondents' officials produced a report (6/4 of process)
called "A Strategy for Transforming Adults Services - Health and
Care for 2007 to 2010"”.

And continues to state in (1) Facts …..

“7). It states that in relation to "Human
Rights/Equality/Diversity: The completed strategy will include a
Equalities Impact Assessment" (p 9),”

And in (3) decisions, LORD CARLOWAY opinion is……

“Nevertheless, there is no substantive basis for supposing, as is
baldly averred by the petitioner, that the respondents' officials
and councillors are or were ignorant of their general duties under
section 49A of the 1995 Act (supra). It would be surprising if they
were, and the Strategy's reference, albeit a passing one, to the
Act itself and the mention of the need for an Equalities Impact
Assessment makes it clear that they are not. That mention involves
compliance with terms of the respondents' Disability Equality
Scheme as quoted by the petitioner.”

As the strategy was completed on October 2007 and the withdrawal of
adult services started in February 2008 could I please get a copy
of this Equalities Impact Assessment (as was stated by the
respondents to Lord CARLOWAY) that would have obviously been
produced prior to the withdrawal of Adult health and care services
and ultimately to the closure of Choices and their healthcare
services.

I will accept this in any available format.

Yours faithfully,

S.P.Domeracki

Dear Sir/Madam

Thank you for your email, received today. If it is a request for information under the Freedom of Information (Scotland) Act 2002 it will be forwarded to the relevant section or sections.

A response to your request for information should be sent to you promptly, and in any event not later than 20 working days from receipt. Please allow postal time.

If you have any enquiries meantime please do not hesitate to contact us.

Yours sincerely

FOI Enquiries Team
Resources Management (City Solicitor)
Aberdeen City Council
Town House
Broad Street
Aberdeen AB10 1AQ

Tel: 01224 523827/522875
Fax: 01224 638556
email: [Aberdeen City Council request email]

show quoted sections

Dear Sir/Madam, In the Judicial Review of the Interim Interdict
Kevin McCahery (Petitioner)V Aberdeen City Council (Respondents).
OPINION of LORD CARLOWAY. Dated 16 May 2008.
(www.scotcourts.gov.uk/opinions/2008CSOH73.html - 48k). In the
statement put forward by the Respondents legal advisors (Hood;
Morton Fraser WS ) , in (1) Facts it states……. Quote, “In October
2007, the respondents' officials produced a report (6/4 of process)
called "A Strategy for Transforming Adults Services - Health and
Care for 2007 to 2010"”.

And continues to state in (1) Facts …..

“7). It states that in relation to "Human
Rights/Equality/Diversity: The completed strategy will include a
Equalities Impact Assessment" (p 9),”

And in (3) decisions, LORD CARLOWAY opinion is……

“Nevertheless, there is no substantive basis for supposing, as is
baldly averred by the petitioner, that the respondents' officials
and councillors are or were ignorant of their general duties under
section 49A of the 1995 Act (supra). It would be surprising if they
were, and the Strategy's reference, albeit a passing one, to the
Act itself and the mention of the need for an Equalities Impact
Assessment makes it clear that they are not. That mention involves
compliance with terms of the respondents' Disability Equality
Scheme as quoted by the petitioner.”

As the strategy was completed on October 2007 and the withdrawal of
adult services started in February 2008 could I please get a copy
of this Equalities Impact Assessment (as was stated by the
respondents to Lord CARLOWAY) that would have obviously been
produced prior to the withdrawal of Adult health and care services
and ultimately to the closure of Choices and their healthcare
services.

I will accept this in any available format.

Yours faithfully,

S.P.Domeracki

show quoted sections

Dear Foi Enquiries, You are now overdue in replying to my FOI
enquiry,Which as you know is against the law.

Yours sincerely,

S.P.Domeracki

Dear Mr Domeracki,

Please accept our apologies for the late response to your enquiry.

Thank you for your information request of 9th October 2008 under the
Freedom of Information (Scotland) Act 2002 (FOISA). Aberdeen City
Council (ACC) has completed the necessary search for the information
requested.

The following information can be supplied:

The original Impact Assessments for the recommendations contained in
the Adult Transformation Strategy were undertaken as part of the
Strategic Assessments between May and September 2007. These were not
compiled into EHRIA documents until late in October of this year, after
your enquiry was submitted.

This information was then brought together in the attached EHRIA of
September 2008.

Please see attached:

- EHRIA - September 2008
- EHRIA - June 2008
- Strategy Report

We hope this helps with this enquiry.

Yours sincerely,

Jean Reid
FOI Compliance Assistant

FURTHER INFORMATION

Aberdeen City Council’s Complaints Procedure under the FOISA

An applicant who is dissatisfied with the way in which Aberdeen City
Council has dealt with his/her request for information under section
1(1) of the FOISA regime, may, by virtue of section 20 of the FOISA,
require Aberdeen City Council to review its actions and/or decisions in
relation to that request.

If you wish Aberdeen City Council to review its actions and/or
decisions with respect to your request for information, you should write
to the City Archivist, Resources Management, Aberdeen City Council, Old
Town House, Broad Street, Aberdeen, AB10 1AQ. The City Archivist will
arrange for your application for review to be considered by the Review
Panel. The Review Panel will write to you informing you of its decision
by not later than twenty working days after receipt of your request
requiring that a review be made. By virtue of section 21 of the FOISA,
the Review Panel will also provide you with a statement of its reasons
for arriving at the decision it has made.

Your request for review should reach Aberdeen City Council by no later
than 12th January 2008. Your request for review must be in writing (or
in another form which has some permanency and is capable of being used
for subsequent reference i.e. audio/video tape recording). You must
state your name and address for correspondence. You must also give
details of the information which you originally requested from Aberdeen
City Council, and must state the reasons why you are dissatisfied with
the way in which your application for information has been dealt with.

Your Right to Complain to the Scottish Information Commissioner

By virtue of Section 47 of the FOISA, a person who is dissatisfied with
a Notice issued by Aberdeen City Council under Section 21 of the FOISA,
may apply to the Scottish Information Commissioner, for a decision as to
whether, in any respect specified in that application, the request for
information under section 1(1) of the FOISA, has been dealt with by
Aberdeen City Council in accordance with Part 1 of the FOISA.

An application to the Scottish Information Commissioner must be made in
writing (or in another form having some permanency ie a video/tape
recording) within six months of receipt of a section 21 Notice by the
applicant. An applicant must state his/her name and address. An
applicant must also specify: -

- the request for information to which the requirement for review by
Aberdeen City Council relate;
- the matter which gives rise to the applicant’s dissatisfaction
pertaining to the applicants request for review;
- the matter which gives rise to the applicant’s dissatisfaction
pertaining to the decision given in the section 21 Notice.

The Scottish Information Commissioner can be contacted at:

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS
(Telephone - 01334 464610; Fax - 01334 464611; Email -
[email address]
<mailto:[email address]> )

Dear Sir/Madam, In the Judicial Review of the Interim Interdict
Kevin McCahery (Petitioner)V Aberdeen City Council (Respondents).
OPINION of LORD CARLOWAY. Dated 16 May 2008.
(www.scotcourts.gov.uk/opinions/2008CSOH73.html - 48k). In the
statement put forward by the Respondents legal advisors (Hood;
Morton Fraser WS ) , in (1) Facts it states……. Quote, “In
October
2007, the respondents' officials produced a report (6/4 of
process)
called "A Strategy for Transforming Adults Services - Health and
Care for 2007 to 2010"”.

And continues to state in (1) Facts …..

“7). It states that in relation to "Human
Rights/Equality/Diversity: The completed strategy will include a
Equalities Impact Assessment" (p 9),”

And in (3) decisions, LORD CARLOWAY opinion is……

“Nevertheless, there is no substantive basis for supposing, as
is
baldly averred by the petitioner, that the respondents' officials
and councillors are or were ignorant of their general duties
under
section 49A of the 1995 Act (supra). It would be surprising if
they
were, and the Strategy's reference, albeit a passing one, to the
Act itself and the mention of the need for an Equalities Impact
Assessment makes it clear that they are not. That mention
involves
compliance with terms of the respondents' Disability Equality
Scheme as quoted by the petitioner.”

As the strategy was completed on October 2007 and the withdrawal
of
adult services started in February 2008 could I please get a copy
of this Equalities Impact Assessment (as was stated by the
respondents to Lord CARLOWAY) that would have obviously been
produced prior to the withdrawal of Adult health and care
services
and ultimately to the closure of Choices and their healthcare
services.

I will accept this in any available format.

Yours faithfully,

S.P.Domeracki

FoI Enquiries Team
Resources Management (City Solicitor)
Aberdeen City Council
Town House
Broad Street
Aberdeen AB10 1AQ
Tel: 01224 522875/522521
Fax: 01224 638556
email: [Aberdeen City Council request email]

show quoted sections