Dear Slough Borough Council,

I'd like to make a request under the Freedom of Information act for all transactions over £500 from 1st April 2017 to 31st December 2018. As a minimum, please make sure to include the date, value and recipient of each transaction.

If it would help, I am specifically looking for payments to suppliers who provide a service in Health and Social Care. This would include all suppliers falling under the categories :-

1. Payments to suppliers who provide fostering and adoption services to the Council
2. Payments to suppliers who provide care services to the council. This would include suppliers who provide care under each of below -
a. Children's Residential/ Nursing Care Providers
b. Adult Residential/ Nursing Care Providers
c. Elderly Residential/ Nursing Care Providers
d. Domiciliary Care Home Providers
e. Supported Living Care Home Providers
f. Care at Home Providers
g. Providers who carry out Homeless Services
3. Payments to suppliers who provide Special Education Services

In particular I am looking for itemized transactions for suppliers from 1st April 2017 - 31st December 2018 - preferably in CSV format.

I look forward to the information at the earliest.

Yours Sincerely,
Nikhil Prabhu

FOI, Slough Borough Council

Thank you for your email.

 

Providing excellent customer services is one of the council’s key
priorities.

 

Your enquiry will now be forwarded to the relevant department to answer.

 

We will reply fully to all written enquiries within 10 working days
although we aim to reply to emails sooner than this.

 

If your enquiry is a Freedom of Information request, the council may take
up to 20 working days to respond.

 

 

If you do not receive a satisfactory response by this time you can contact
our complaints department. More details here:

[1]http://www.slough.gov.uk/council/complai...

 

'Disclaimer: You should be aware that all e-mails received and sent by
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this message or any of its attachments may be privileged and confidential
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may not be official policy but the personal views of the originator.  If
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References

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http://www.slough.gov.uk/council/complai...

_FreedomOfInformation, Slough Borough Council

This is to acknowledge receipt of your FoI request which is receiving attention

dangos adrannau a ddyfynnir

_FreedomOfInformation, Slough Borough Council

Dear Nikhil

please see information in this link all the spend data which the council is required to publish under the transparency data legislation.

https://www.slough.gov.uk/council/perfor...

Regards, SBC FOI Officer

dangos adrannau a ddyfynnir

Dear _FreedomOfInformation,

Thank you for your response and link, however, I do not see any Fostering type transactions in the spreadsheets on your site.

Could you please provide those type of payments as well?

Yours sincerely,
nikhil prabhu

_FreedomOfInformation, Slough Borough Council

Dear Nikhil

Fostering payments made to individuals would not appear on this spreadsheet as this information would be considered personal data which is exempt under S43 of the FOIA.
Also any payments made to fostering agencies would not be made by Slough Borough Council as Childrens services in Slough are run by Slough Childrens Services Trust who are exempt from the FOIA.

Regards, SBC FOI Officer

dangos adrannau a ddyfynnir

Gadawodd Slough Swan anodiad ()

2000 c.36 s.43 states ..........................
source: https://www.legislation.gov.uk/ukpga/200...

43 Commercial interests.

(1) Information is exempt information if it constitutes a trade secret.

(2) Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).

(3) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the interests mentioned in subsection (2).

----------------------------------------------------------------------
Has Anonymous got it wrong again ???????????????

Dear _FreedomOfInformation, SBC FOI Officer,

Slough Childrens Trust have stated "All Freedom of Information requests for the Trust should be directed to Slough Borough Council and Slough Children’s Services Trust will support Slough Borough Council in answering requests where they are processing data on behalf of council."

The Trust is a public company and fully reliant on Slough Borough Council for its existence. The Trust hence is an extension of Slough Borough Council and as such has a duty to publish and make available what they spend. This publication is no different to other Children's Trust that publish what they spend as required under the Freedom of Information Act 2000.

We are not requesting payments from Slough Children’s Services Trust for staffing or budgets - rather are requesting information on payments made to Independent Fostering Agencies, payments made to Adoption Agencies, payments made to Children's Residential Care Home providers, payments made to Juvenile agencies to look after Homeless children and redacted transactions for Fostering, Adoption, Homeless and Children's Residential Care. In particular we are looking for itemized transactions for suppliers from 1st April 2018 preferably in CSV format by supplier, date and value.

I hope we are being very clear in our explanation and request. Please do advise on how we can resolve this issue to all parties satisfaction.

Thank you,
Kind Regards,
Nikhil Prabhu

Also, if it would help, we are a research organization building system for data & predictive analytics of the Health & Social Care market in the UK and as such do not require any data about individuals.

Payments to the Trust come from public funds (taxpayers) and hence fall under the FOI act. Hence, we would appreciate if you could instruct the Trust to work with you to release the relevant information.

Faithfully,
Nikhil Prabhu

_FreedomOfInformation, Slough Borough Council

Dear Nikhil

I can confirm that Slough Borough Council have not made any payments for the following from 1/4/18 to date -

Independent Fostering Agencies
Adoption Agencies
Children's Residential Care Home providers
Juvenile agencies to look after Homeless children
Fostering, Adoption, Homeless and Children's Residential Care.

Therefore this information is not held by Slough Borough Council.

Please see my further email with regards to the Trust and the FOIA.

Regards, SBC FOI Officer

dangos adrannau a ddyfynnir

_FreedomOfInformation, Slough Borough Council

Dear Nikhil

Slough Borough Council do not run or manage children’s services in Slough. On the 1st October 2015 Slough Children’s Services Trust (SCST) was established as a not-for-profit trust after intervention by the DfE to remove children’s services from Slough Borough Council, following a series of ‘Inadequate’ ratings.

Not all trusts are the same and so not all trusts will fall under the FOIA, it will depend on how the trust is set up.

I can confirm that Slough Childrens Services Trust do not fall under the FOIA and this has been determined by the ICO who are the UK's independent body set up to uphold information rights. This decision was made by the ICO in April 2018.

The Trust will always strive to assist the council in answering FOI requests where they hold the data and the council are the data controller.

However the financial information that you have requested is not held by or on behalf of the council and the council are not the data controller.

Therefore the council has no authority to instruct the trust to provide this information to the council.

Regards, SBC FOI Officer

dangos adrannau a ddyfynnir

Dear Slough Borough Council,

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

I am writing to request an internal review of Slough Borough Council's handling of my FOI request 'Council Expenditure or Payment to Suppliers'.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]
Dear Sir/Madam

Re: Request from Information of spend on Children Services made by Slough Children Services Trust on behalf of Slough Borough Council

Whilst we understand that Slough Borough Council have not made any payments for Children’s Services, as these are now managed by Slough Children Services Trust – a company limited by guarantee and set up under the instructions of The Secretary of State following a poor Ofsted inspection in 2014.

We however believe the trust has been set up as an Alms Length Management Organisation (ALMO) and hence the organisation, though a private company is in effect managing the Children’s Services of Slough Council and are wholly dependent on the council for its existence.

Attached is a link from CfpS and in particular the paragraph below :-
https://www.cfps.org.uk/wp-content/uploa...

“Slough Children’s Services Trust is a wholly owned company under the direction of the Secretary of State. It commenced in October 2015 following nine months of intensive negotiations. The trust took on responsibility for the delivery of children’s early help, social care functions and special educational needs services under the direction of the Secretary of State. The Direction came after Ofsted visited in Feb 2014 and found services to be inadequate with widespread and serious failings. It was decided that the best format for Slough Children’s Services Trust would be a company limited by guarantee - but it does not distribute a profit to shareholders. It is governed by a board of directors who oversee the work. The Director of SCS sits within Slough Borough Council and is responsible for commissioning and monitoring the performance of the Trust against the contract and KPIs that have been agreed.”

Also please refer to guide to Freedom of Information dated July 2018 -
https://ico.org.uk/media/for-organisatio...

Please refer to the section - “Are we covered by the Freedom of Information Act”, which states :-

“The Act only covers public authorities. Schedule 1 of the Act contains a list of the bodies that are classed as public authorities in this context. Some of these bodies are listed by name, such as the Health and Safety Executive or the National Gallery. Others are listed by type, for example government departments, parish councils, or maintained schools. Executive agencies are classed as part of their parent government department; for example, the DVLA is covered by the Act because it is part of the Department for Transport."

The act then goes on to state

Section 5 of the Act gives the Secretary of State the power to designate further bodies as public authorities. If in doubt, you can check the latest position at www.legislation.gov.uk. Certain bodies are only covered for some of the information they hold, for example -
• GPs, dentists and other health practitioners only have to provide information about their NHS work;
• the BBC, Channel 4 and the Welsh channel S4C (the public service broadcasters) do not have to provide information about journalistic, literary or artistic activities; and
• some bodies that have judicial functions do not have to provide information about these functions

In addition to the bodies listed in the Act, with effect from 1 September 2013 the definition of a public authority now also covers companies which are wholly owned -
• by the Crown
• by the wider public sector; or
• by both the Crown and the wider public sector

These terms are defined in more detail in the amended section 6 of FOIA.

For example, some local authorities have transferred responsibility for services (eg. social housing) to a private company (sometimes known as an arm’s-length management organisation or ALMO), which is wholly owned by the local authority. This type of company counts as a public authority in its own right and needs to respond to requests for information. Where a company is wholly owned by a number of local authorities it is also now a public authority for the purposes of FOIA”

Inferring from the above, it clear that Slough Children’s Trust is an Alms Length Management Organisation under the Freedom of Information Act 2000.

We have approached Slough Children’s Trust who have responded that they will comply with requests should they be authorized by Slough council.

We would now be grateful if you could instruct Slough Children’s Trust to please provide the information we have requested.

We now look forward to the information requested.

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

Thanking you in advance,
Yours Faithfully,
Nikhil Prabhu

FOI, Slough Borough Council

Thank you for your email.

 

Providing excellent customer services is one of the council’s key
priorities.

 

Your enquiry will now be forwarded to the relevant department to answer.

 

We will reply fully to all written enquiries within 10 working days
although we aim to reply to emails sooner than this.

 

If your enquiry is a Freedom of Information request, the council may take
up to 20 working days to respond.

 

 

If you do not receive a satisfactory response by this time you can contact
our complaints department. More details here:

[1]http://www.slough.gov.uk/council/complai...

 

'Disclaimer: You should be aware that all e-mails received and sent by
this Organisation are subject to the Freedom of Information Act 2000 and
therefore may be disclosed to a third party. (The information contained in
this message or any of its attachments may be privileged and confidential
and intended for the exclusive use of the addressee).  The views expressed
may not be official policy but the personal views of the originator.  If
you are not the addressee any disclosure, reproduction, distribution,
other dissemination or use of this communication is strictly prohibited. 
If you received this message in error please return it to the originator
and confirm that you have deleted all copies of it. All messages sent by
this organisation are checked for viruses using the latest antivirus
products.  This does not guarantee a virus has not been transmitted.  
Please therefore ensure that you take your own precautions for the
detection and eradication of viruses.'

References

Visible links
1. http://www.slough.gov.uk/council/complai...
http://www.slough.gov.uk/council/complai...

_FreedomOfInformation, Slough Borough Council

Dear Nikhil

As previously explained SBC do not hold the information you have requested and the Trust do not fall within the scope of the FOIA. Therefore the council has no authority to request the trust to release this information to you.

It has been determined by the ICO that Slough Childrens Services Trust do not fall within the scope of the FOIA.

If you remain dissatisfied with the decision made by the ICO then you need to contact the ICO.

Details on how to do this can be found here - https://ico.org.uk

Regards, SBC FOI Officer

dangos adrannau a ddyfynnir

Dear _FreedomOfInformation, SBC FOI Officer,

Thank you for your review decision.

We do remain dissatisfied with the response and will be raising the matter with the commissioner.

Yours sincerely,
nikhil prabhu

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