Serious Case Review Richard McGuire

Jan Cosgrove made this Freedom of Information request to Middlesbrough Council

Response to this request is long overdue. By law, under all circumstances, Middlesbrough Council should have responded by now (details). You can complain by requesting an internal review.

From: Jan Cosgrove

15 October 2009

Dear Sir or Madam,

The above person was convicted of serious offences against
children. A Serious Case Review was conducted by the South Tees
Local Safeguarding Children’s Board. Please supply copy of report
(amended as necessary to remove/protect identities etc).

What steps has the Council taken in the wake of this Report -
please supply copies of reports and minutes appertaining.

What measures in particular have been introduced re:

1. ensuring proper sharing of information and adequate risk
assessment
2. use of grant-aid, lease and other agreements to ensure agencies
working with, employed or grant-aided by the Council have adequate
child protection practices in place
3. training of staff employed by the Council.

In a more general vein, how many referrals has the Council made re
List 99, the Protection of Children Act List, and the Independent
Safeguarding Authority re people working with children and young
people since 1990?

Please provide a list of all organisations which might be affected
by question 2.

Yours faithfully,

Jan Cosgrove

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Middlesbrough Council

22 October 2009

Dear Jan

REF NO: 1523.1.

I am writing regarding your request for information, which I received on
15 October 2009. In that request, you asked us for:

Dear Sir or Madam,

The above person was convicted of serious offences against children. A
Serious Case Review was conducted by the South Tees Local Safeguarding
Children's Board. Please supply copy of report (amended as necessary to
remove/protect identities etc).

What steps has the Council taken in the wake of this Report - please
supply copies of reports and minutes appertaining.

What measures in particular have been introduced re:
1. ensuring proper sharing of information and adequate risk assessment
2. use of grant-aid, lease and other agreements to ensure agencies working
with, employed or grant-aided by the Council have adequate child
protection practices in place
3. training of staff employed by the Council.

In a more general vein, how many referrals has the Council made re List
99, the Protection of Children Act List, and the Independent Safeguarding
Authority re people working with children and young people since 1990?

Please provide a list of all organisations which might be affected by
question 2.

Middlesbrough Council is unable to proceed with your request without
clarification of the information you wish to receive. To help us do so,
we would like to know more information behind some of the questions in so
far, what subject of Risk assessment, or leases or grants? The referrals
to where under the ISA or Protection of Children Act?

Please note that if we do not receive appropriate clarification of your
information requirements within three months from the date of this letter,
then Middlesbrough Council will consider your request closed.

If you have any queries about this letter, please do not hesitate to
contact me direct on (01642) 729696 or email [Middlesbrough Council request email].
Please remember to quote the reference number shown above in any future
communications.

If you are unhappy with the way your request has been handled you may ask
for an internal review. You should write to:-

Chris Davies,
Corporate Complaints Manager,
PO Box 99A,
Town Hall,
Middlesbrough,
TS1 2QQ.
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for an
independent review. The Information Commissioner can be contacted at: -
Information Commissioner's Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF
Yours sincerely

Steph Robson
Freedom of Information Officer

Members Office
P.O. Box 99A
Town Hall
Middlesbrough
TS1 2QQ

Tel. 01642 729696

FAX. 01642 729882
Email: [Middlesbrough Council request email]

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From: Jan Cosgrove

22 October 2009

Dear Sir or Madam,

Thank you for your interim reply. To answer your questions:

1. the purpose is to discover what the Council has done since the
Serious Case Review in terms of helping to ensure the proper
sharing of information between the bodies studied in the Review
about possible/potential child protection threats to children
served by those organisation, and how is this potential
risk-assessed?

2. there will be many organisations whose work with such children
is carried out by organisations which received contractual
payments, grants etc from the Council for this work - what is asked
is how, if at all the Council imposes conditions on such payments
which will promote sound child protection policies?

3. List 99, the Protection of Children Act 1999 and now the
Protection of Vulnerable Groups Act 2006 require employers whose
work covers children's needs to report to the Secretary of State
where an employee's behaviour has been so serious as to require
their dismissal on the grounds that it would not be safe to allow
them to continue to work with children - I am asking how many such
referrals have been made by your Council since 1990.

Yours faithfully,

Jan Cosgrove

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From: Jan Cosgrove

30 October 2009

Dear Sir or Madam,

In answer to your queries:

On 1, this means what steps has the Council taken re the sharing of
information where a person may be regarded as a risk to children?
And what is the process of risk assessment as regards potential
risk to a child who may be at risk of abuse?

On 2, I am seeking to find out whether the Council uses grant
aid/contract conditions which will ensure the funding recipient is
undertaking appropriate child protection measures in return for the
grant/payment?

On 3, List 99 and the POCAL List were lists established for
employers to report to the relevant Secretary of State employees
(and volunteers) whose behaviour had caused such serious risk to
children that they could not safely continue to be employed in such
situations. The ISA replaced those schemes and was formally brought
into place on 12th October. However, ISA has been handling the List
99 and POCAL referrals during a transitional period - the main
difference is that the new scheme is wholly mandatory on relevant
employers. The questions seek to find out how many have been
referred under the old Lists schemes and ISA.

Yours faithfully,

Jan Cosgrove

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Middlesbrough Council

27 November 2009

Dear Jan

REF NO: 1523.1.
I am writing to confirm that Middlesbrough Council has now partially
completed its search for the information you clarified on 30 October 2009,
in relation to Question's 1-3.

In your request you asked for the following information:

Q1 - Ensuring proper sharing of information and adequate risk assessment
is in place

* Draft guidance is now being written for all schools on the
commissioning of other providers. A copy of this can be requested
from Kevin Buckle, Achievement Service.

* Training sessions with Head Teachers, senior leaders, governors,
children families and learning staff in relation to risk assessment
processes.

* School safeguarding review forms have been implemented for reporting
on systems and processes.

Q2 - Use of grant aid, lease and other agreements to ensure agencies
working with employed, grant aided by the council have adequate child
protection practices in place.

Contracted Services

When a formal tender is completed formal checks are always undertaken.
Within contracts there are always clauses in respect of appropriate
safeguarding practices both in respect of policies but safer recruitment,
including enhanced CRB checks. The majority of providers are also
registered and inspected and obviously safeguarding is measured and
inspected as part of that regime.

In light of the incident the Commissioning Team has developed and
implemented a safeguarding questionnaire for services commissioned below
the financial threshold that require formal quotations or tenders. This
questionnaire provides information regarding consultants/organisations and
in order to enter into a contract a copy of the original enhanced CRB is
required.

In all areas of procurement the Commissioning Team supports the department
in ensuring that appropriate safeguarding checks are followed.

A sample of contract clauses may be requested from Claire Walker,
commissioning services.

A policy has been developed regarding Outsourcing and Safeguarding for
organizations wishing to apply for a grant. A copy of the policy may be
requested from the Voluntary sector or alternatively via
middlesbrough.gov.uk website.

Q3 - Training of staff employed by the council

Cross reference section 1

Staff have been trained as mentors and assessors to introduce a quality
mark in relation to safeguarding for voluntary organizations - a hard copy
can be provided if requested from the Voluntary Sector Liaison team 728427
Staff have been made aware of their access to on-line training for child
protection
South Tees Local Safeguarding Children's Board provides a range of
training for all agencies which all staff have free access to.

A response for question 4 will be provided shortly.

If you have any queries about this letter, please do not hesitate to
contact me direct on (01642) 729696 or email [Middlesbrough Council request email]
Please remember to quote the reference number shown above in any future
communications.

If you are unhappy with the way your request has been handled you may ask
for an internal review. You should write to:-

Chris Davies,
Corporate Complaints Manager,
PO Box 99A,
Town Hall,
Middlesbrough,
TS1 2QQ.
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for an
independent review. The Information Commissioner can be contacted at: -
Information Commissioner's Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF
Yours sincerely

Steph Robson
Freedom of Information Officer

Members Office
P.O. Box 99A
Town Hall
Middlesbrough
TS1 2QQ

Tel. 01642 729696

FAX. 01642 729882
Email: [Middlesbrough Council request email]

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From: Jan Cosgrove

28 November 2009

Dear Chris,

Thank you for your reply, most helpful.

Yours faithfully,

Jan Cosgrove

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Middlesbrough Council

16 December 2009

Dear Jan

REF NO: 1523.1
I am writing to confirm that Middlesbrough Council has now fully completed
its search for the information you requested on 30 October 2009, in
relation to question 3. Please accept my sincere apologies for the delay
in providing this information.

In your request you asked for the following information:

On 3, List 99 and the POCAL List were lists established for employers to
report to the relevant Secretary of State employees (and volunteers) whose
behaviour had caused such serious risk to children that they could not
safely continue to be employed in such situations. The ISA replaced those
schemes and was formally brought into place on 12th October. However, ISA
has been handling the List 99 and POCAL referrals during a transitional
period - the main difference is that the new scheme is wholly mandatory on
relevant employers. The questions seek to find out how many have been
referred under the old Lists schemes and ISA

Response: We do not hold records going back as far as 1990.

There are only 2 cases referred in 2009.

If you have any queries about this letter, please do not hesitate to
contact me direct on (01642) 729696 or email [Middlesbrough Council request email]
Please remember to quote the reference number shown above in any future
communications.

If you are unhappy with the way your request has been handled you may ask
for an internal review. You should write to:-

Chris Davies,
Corporate Complaints Manager,
PO Box 99A,
Town Hall,
Middlesbrough,
TS1 2QQ.
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for an
independent review. The Information Commissioner can be contacted at: -
Information Commissioner's Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF
Yours sincerely

Steph Robson
Freedom of Information Officer

Members Office
P.O. Box 99A
Town Hall
Middlesbrough
TS1 2QQ

Tel. 01642 729696

FAX. 01642 729882
Email: [Middlesbrough Council request email]

show quoted sections

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From: Jan Cosgrove

17 December 2009

Dear Chris,

Thank you for your reply.

Can you tell me the number of referrals were made under POCAL in
the years 2008, 2007, 2006, 2005, 2004, 2003, 2002, 2001 where the
records are available.

Similarly, for List 99.

Yours sincerely,

Jan Cosgrove

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From: Jan Cosgrove

22 December 2009

Dear Middlesbrough Council,

Thanks. How far back do you have figures for POCAL and List 99, and
please provide what you do have.

Yours faithfully,

Jan Cosgrove

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Things to do with this request

Anyone:
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