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

S. Prichard made this Rhyddid Gwybodaeth request to Middlesbrough 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 Middlesbrough Council fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Middlesbrough 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

foi, Middlesbrough Council

1 Atodiad

                                                                   

[1]cid:image001.png@01D214E5.57EF90F0

Dear S Prichard

 

REF NO: 012184

 

Thank you for your recent enquiry, received on 02/01/2017, in relation
to Children Social workers and personal care assistants.  I can confirm
that your enquiry is receiving attention and a response will be provided
within 20 working days following receipt of your enquiry as allowed under
the Freedom of Information Act legislation.

 

In some circumstances a fee may be payable and if that is the case, I will
let you know the likely charges before proceeding.

 

Please do not hesitate to contact me direct on (01642) 729696/729698 or
email [2][Middlesbrough Council request email] should you require any further advice or
assistance with this or any other matter.

 

Yours sincerely

 

Information Governance Assistant

Organisation and Governance

Performance and Partnerships

Middlesbrough Council

TS1 9FX

 

dangos adrannau a ddyfynnir

References

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2. mailto:[Middlesbrough Council request email]

Dillon Newton, Middlesbrough Council

1 Atodiad

Dear S Prichard,

 

Please accept our apologies in relation to the error in the
acknowledgement, we received this email 02/01/2018. Not 02/01/2017.

 

Yours sincerely

 

Information Governance Assistant

Organisation and Governance

Performance and Partnerships

Middlesbrough Council

TS1 9FX

 

From: foi
Sent: Wednesday, 03 January 2018 11:25
To: 'S. Prichard' <[FOI #454714 email]>
Subject: ACKNOWLEDGEMENT OF FREEDOM OF INFORMATION REQUEST - REF NO:
012184

 

                                                                   

[1]cid:image001.png@01D214E5.57EF90F0

Dear S Prichard

 

REF NO: 012184

 

Thank you for your recent enquiry, received on 02/01/2017, in relation
to Children Social workers and personal care assistants.  I can confirm
that your enquiry is receiving attention and a response will be provided
within 20 working days following receipt of your enquiry as allowed under
the Freedom of Information Act legislation.

 

In some circumstances a fee may be payable and if that is the case, I will
let you know the likely charges before proceeding.

 

Please do not hesitate to contact me direct on (01642) 729696/729698 or
email [2][Middlesbrough Council request email] should you require any further advice or
assistance with this or any other matter.

 

Yours sincerely

 

Information Governance Assistant

Organisation and Governance

Performance and Partnerships

Middlesbrough Council

TS1 9FX

 

dangos adrannau a ddyfynnir

References

Visible links
2. mailto:[Middlesbrough Council request email]

foi, Middlesbrough Council

1 Atodiad

                                       

[1]cid:image001.png@01D2667F.F9FE5480

 

 

Dear S Prichard

 

REF NO:012184

 

I am writing to confirm that Middlesbrough Council has now completed its
search for the information you requested on 2^nd January 2018.

 

In your request you asked for the following information:

 

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.

Response: There are a range of agencies commissioned by the Council to
provide personal care. There are 5 agencies providing a domiciliary care
service, 10 agencies commissioned under a framework to provide personal
care to adults with learning and/or physical disabilities and 7 agencies
commissioned under a framework to provide personal care to adults with
mental health issues. Each agency would be responsible for their
employees.  In addition, adults are able to be in receipt of a Direct
Payment and employ their own workers to provide personal care.  Each adult
in this arrangement is the employer, therefore they would be directly
responsible for the workers.

 

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.

Response: The Local Authority would provide and pay for this following
assessment of need.

 

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.

Response: Adult services would be responsible for assisting the parent in
their parenting role, if the child did not have a disability. If the child
happened to have a disability as well, it is likely that there would be
some shared responsibility between Adult services and Children’s services.

 

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.

Response: I can advise you that it is not policy.

 

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.

Response: Please refer to question 1.

 

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.

Response: Middlesbrough Council do not view contracts of employment for
staff of commissioned agencies as we would not be the employer. Therefore
unable to answer as to whether the contract terms are the same or
different.

 

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.

Response: If a package of care is delivered via a commissioned agency, the
responsibility to terminate would be dependent on the terms and conditions
of the contract.  If a service user was in receipt of a Direct Payment,
the service user as the employer would be responsible.

 

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.

Response: No they do not.

 

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.

Response: No they do not.

 

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.

Response: None.

 

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.

Response: None.

If you have any queries about this response, please do not hesitate to
contact me direct on (01642) 729696/729698 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 within 40 days of receipt of the response. You
should write to:-

Ann-Marie Johnstone,

Corporate Strategy Manager,
P.O. Box 500
2^nd Floor

Civic Centre

Middlesbrough

TS1 9FT

 

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

Janette Anderson

Freedom of Information Officer

Finance, Governance & Support

Performance and Partnerships
P.O. Box 500
2^nd Floor

Civic Centre

Middlesbrough

TS1 9FT

Tel.  01642 729696

Email:   [Middlesbrough Council request email]
 

 

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dangos adrannau a ddyfynnir

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