Authority given to Children’s Social Workers; Legal or illegal use of position of power

S. Prichard made this Rhyddid Gwybodaeth request to Stockton on Tees Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai Stockton on Tees Council fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Stockton on Tees Council,

1. We would like to know who provides, and is responsible for, Personal Care Assistants (PCA) to adults that have needs such as a disability or chronic illness.

2. We would like to know who provides, and is responsible for, Personal Care Assistants (PCA) to children that have needs such as a disability or chronic illness.

3. We would like to know who is responsible for providing care support for children that are living with parents that have disabilities or chronic illnesses to fulfil and assist the parent(s) in their parental responsibility and parental role.

4. We would like to know if it is policy for social services to remove children from parents that have disabilities or chronic illnesses. If so what is the justification and reason.

5. Does your council directly employ PCA or does your council subcontract, self-employed workers or use agencies. Please state numbers of currently employed by you / that you subcontract or use agencies.

6. Are the contract terms the same or varied between directly employed / subcontracted, self-employed, or agency workers. Please list are variations of up-to-date contracts for each of the three categories of workers.

7. We would like to know who is responsible for terminating a contract between service user and PCA and would this answer change if the PCA was employed, sub contracted, self-employed or agency workers.

8. Has a children’s social worker have the qualification or authority to terminate, sack or suspend a contract between a PCA and an adult service user by means of solely deciding that the service user no longer needs a PCA.

9. Has a children’s social worker have the qualification or authority to terminate, sack or suspend a contract between a PCA and a child service user by means of deciding that the service user no longer needs a PCA.

10. Using Q8 as a guide, how many children’s social workers, within the last six months, have terminated, sacked or stopped in any way shape or form, a PCA working with an adult with disabilities or chronic illness.

11. Using Q9 as a guide, how many children’s social workers, within the last six months, have terminated, sacked or stopped in any way shape or form, a PCA working with a child with disabilities or chronic illness.

Yours faithfully,

S. Prichard

Stockton on Tees Council

1 Atodiad

Dear S Prichard

 

Freedom of Information Act 2000 / Environmental Information Regulations
2004 – Ref: 1462/1718

 

Thank you for your correspondence received on 03 January 2018

 

Your request is being considered under the Freedom of Information Act 2000
or the Environmental Information Regulations 2004 (whichever is most
appropriate). You will receive the information requested within the
statutory timescale of 20 working days.

 

However, please note the Acts define a number of exemptions that may
prevent release of the requested information. There will therefore be an
assessment of your request to determine if any exemptions apply to the
information requested. If the information cannot be released, or only
released in part you will be informed of the reasons why, together with
any rights of appeal.

 

If the information requested refers to a third party, they may be
consulted before deciding whether it can be released.

 

Yours sincerely,

 

Stockton-on-Tees Borough Council

Municipal Buildings, Church Road, Stockton-on-Tees, TS18 1LD

(01642) 527455

[1][email address]

[2]www.stockton.gov.uk

 

 [3]CSE Logo small

 

dangos adrannau a ddyfynnir

Stockton on Tees Council

1 Atodiad

 

Dear S Prichard

 

Freedom of Information Act 2000 – Ref: 1462/1718

 

Thank you for your correspondence received on 03 January 2018.  In
response to your request I can now provide the following information. 

Q1) We would like to know who provides, and is responsible for, Personal
Care Assistants (PCA) to adults that have needs such as a disability or
chronic illness.
 
A1) People choosing to take a personal budget as a direct payment would be
regarded as the employer and therefore they would choose/employ their own
personal care assistant (PCA). Stockton-on-Tees Borough Council procures
home care providers not PCA’s.
 
Q2) We would like to know who provides, and is responsible for, Personal
Care Assistants (PCA) to children that have needs such as a disability or
chronic illness.
 
A2) A social worker will assess a child’s needs and where a need for
personal care has been identified the parent, or young person if aged over
16yrs, can choose to take a personal budget as a direct payment and they
would then be regarded as the employer and therefore choose/employ their
own PCA.
 
If they choose to have the services organised by the council, we then
commission these services via a home care provider.
 
Q3) We would like to know who is responsible for providing care support
for children that are living with parents that have disabilities or
chronic illnesses to fulfil and assist the parent(s) in their parental
responsibility and parental role.
 
A3) Adult services would assess parents with disabilities or chronic
illnesses to identify their needs and put in the relevant support to meet
the adult’s needs.
Children’s services would assess to determine whether the children can be
considered as Children in Need, and/or their needs as a Young Carer. Where
needs are identified, services will be put in place to meet these needs.
 
Q4) We would like to know if it is policy for social services to remove
children from parents that have disabilities or chronic illnesses.  If so
what is the justification and reason.
 
A4) No, it is not policy for Children’s Services to remove children from
parents that have disabilities or chronic illnesses.
 
Q5) Does your council directly employ PCA or does your council
subcontract, self-employed workers or use agencies. Please state numbers
of currently employed by you / that you subcontract or use agencies.
 
A5) Please see A1 above.
 
Q6) Are the contract terms the same or varied between directly employed /
subcontracted, self-employed, or agency workers.  Please list are
variations of up-to-date contracts for each of the three categories of
workers.
 
A6) Please see A1 above.
 
Q7) We would like to know who is responsible for terminating a contract
between service user and PCA and would this answer change if the PCA was
employed, sub contracted, self-employed or agency workers.
 
A7) The service user is the employer and therefore responsible for
terminating the PCA contract.
 
Q8) Has a children’s social worker have the qualification or authority to
terminate, sack or suspend a contract between a PCA and an adult service
user by means of solely deciding that the service user no longer needs a
PCA.
 
A8) No – children’s social workers work with children. Adult social
workers work with adult service users.
 
Q9) Has a children’s social worker have the qualification or authority to
terminate, sack or suspend a contract between a PCA and a child service
user by means of deciding that the service user no longer needs a PCA.
 
A9)  The social worker’s role is to assess need. The social worker has the
qualifications and authority to assess need and to decide, as a result of
the assessment process, that the service user no longer requires a
service. The person employing the PCA would then be the person to
terminate the contract.
 
Q10) Using Q8 as a guide, how many children’s social workers, within the
last six months, have terminated, sacked or stopped in any way shape or
form, a PCA working with an adult with disabilities or chronic illness.
 
A10) None
 
Q11)    Using Q9 as a guide, how many children’s social workers, within
the last six months, have terminated, sacked or stopped in any way shape
or form, a PCA working with a child with disabilities or chronic illness.
 
A11) None

 

If you have any queries or concerns please contact me in the first
instance.

 

However, if you are unhappy with the way your request for information has
been handled, you can submit a complaint to
[1][email address]

 

If, after your complaint has been determined, you remain dissatisfied with
the handling of your request or complaint, you have a right to appeal to
the Information Commissioner at:

 

The Information Commissioner's Office (ICO), Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.  Telephone: 0303 123 1113  Website:
www.ico.org.uk

The ICO does not make a charge for an appeal.

 

Yours sincerely,

 

Rebecca Horsman

Information Governance Team

Stockton-on-Tees Borough Council

Municipal Buildings, Church Road, Stockton-on-Tees, TS18 1LD

(01642) 527455

[2][email address]

[3]www.stockton.gov.uk

 

[4]CSE LOGO NEW

 

dangos adrannau a ddyfynnir