Direct payment accounts

Peter Harrop made this Rhyddid Gwybodaeth request to Kirklees Borough Council

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Roedd y cais yn rhannol lwyddiannus.

Dear Kirklees Borough Council,
Can you please get me the following information.

1) The number of Direct Payment Accounts that have been closed, for whatever reason, in the last five years.

2) How many of these accounts that had a non-zero final balance used the rule - described below - to determine how the ownership of the final balance was determined.

The Rule: Each account holders percentage contribution to the total deposits by all account holders made in the previous year to the year of closure, is used to determine the account holder percentage share of the final balance of the account.

Example.
Account holder X deposited £200 and account holder Y deposited £300 in the previous year to account closure. Account holder X made a 40% and account holder Y made a 60% contribution to the total previous year deposits.

Account holder X is given 40% and account holder Y is given 60% of the final balance of the account.

Yours faithfully,

Peter Harrop

Freedom Info, Kirklees Borough Council

24361 - Direct payment accounts

Dear Mr Harrop

I confirm receipt of your information request and that we are dealing with this and will respond to you in due course.

The Freedom of Information Act 2000 and Environmental Information Regulations 2004 allow up to 20 working days for responding to information requests.

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be addressed to the Monitoring Officer, 1st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. Alternatively, you can send an email to: [email address].

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner. The ICO telephone helpline on 0303 123 1113 or 01625 545745 is available between 9am and 5pm, Monday to Friday.

Regards

Information Governance Team
Kirklees Council, Governance Service
Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

For more information about how we deal with your personal data, please see the Kirklees Council privacy notice

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Freedom Info, Kirklees Borough Council

Dear Mr Harrop,

 

Thank you for your recent enquiry.

 

From our preliminary assessment, it is clear that we will not be able to
answer your request without further clarification. 

 

The Council requires further information in order to identify and locate
the information you have asked for.  In particular, it would be useful to
know what you mean by direct payment accounts.

 

Once you have clarified the information you require, I will action your
request.  If I do not receive clarification within a month, this question
will be considered to have lapsed.

 

o Under section 1(3) of the Freedom of Information Act 2000 (FoIA), a
public authority need not comply with a request unless any further
information reasonably required to locate the information is supplied.

 

o Under regulation 12(4)(c) of the Environmental Information Regulations
2014 (EIR), a public authority can refuse to answer a request that is
too general, provided the public authority has gone back to the
requester and asked for extra information, offering a advice and
assistance to help to explain, clarify or rephrase their request.

 

In this case the Council considers that the EIR apply / FoIA applies.

 

Please remember to quote the reference number above in any future
communications.

 

If you would like to discuss this email, please contact me.

 

Regards

 

Information Governance Team

Kirklees Council, Governance Service

Telephone: 01484 221000 (voice activated switchboard – please ask for
Freedom of Information)

 

For more information about how we deal with your personal data, please see
the [1]Kirklees Council privacy notice

 

 

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Dear Freedom Info,
When service users receives Direct Payments to pay for the care services they receive from KMC they have to open a bank account. KMC then pays the Direct Payments into this account monthly. If the service user is required to make a contribution towards the cost of their care services, then they have to pay their contribution into this account monthly. This account is what I mean by a Direct Payment account.

KMC has to receive a copy of all bank statements and when a service user stops receiving services, for any reason, the account has to be closed and KMC given a copy of the final bank statement. If the account has a balance then KMC decides who owns what of this balance. To do this, KMC uses a rule which is described in my request.

The bank account belongs to the service user and the user close it, but KMC receives a copy of all bank statements including the final statement, therefore KMC has the details of all these bank accounts including when they were opened and closed and how the ownership of the final balance, if any, was determined.

If you require any more clarification please tell me.

Yours sincerely,

Peter Harrop

Dear Freedom Info,

Can you please tell me when I can expect your reply to my FOI request. Thank you.

Yours sincerely,

Peter Harrop

Freedom Info, Kirklees Borough Council

Dear Mr Harrop,

I apologise for the delay on your request. I have chased this up with the service and will update you when I receive a response.

Kind regards

James Dunn |Information Governance Apprentice
Information Governance Team
Kirklees Council, Governance Service
Red Doles Lane, Huddersfield, HD2 1YF
Telephone: 01484 221000 (voice activated switchboard – please ask for Data Protection)

For more information about how we deal with your personal data, please see the Kirklees Council privacy notice

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Dear Freedom Info,
By law I should have received a reply by 6 July. If I do not receive a reply, or a definite date for a reply by the 15 July I will request an internal review.

Yours sincerely,

Peter Harrop

Dear Kirklees Borough Council,

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

I am writing to request an internal review of Kirklees Borough Council's handling of my FOI request 'Direct payment accounts'.

The information requested is overdue and no firm date when it can be provided.

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

Yours faithfully,

Peter Harrop

Monitoring Officer, Kirklees Borough Council

Dear Mr Harrop

Freedom of Information
Request for Review

I refer to your email dated 15 July 2021, addressed to the Freedom of Information team.

The Council aims to process requests for any review of the handling of Freedom of Information and we will endeavour to provide this within 20 working days and certainly before the 40 working day deadline. Ms Muscroft will write to you when the review has been completed. If you wish to provide any further information to assist Ms Muscroft with her conduct of the review you are welcome to do so.

The Information Commissioner's website at www.ico.org.uk sets out detailed information about his role, the operation of the Freedom of Information Act and includes the Commissioner's detailed guidance.

Yours sincerely

Julie Muscroft
Monitoring Officer
Legal, Governance & Commissioning (Monitoring Officer)
1st Floor
Civic Centre III
Huddersfield HD1 2EY

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Freedom Info, Kirklees Borough Council

Dear Mr Harrop,

 

I am writing in response to your request dated 08/06/2021. This has been
dealt with under the Freedom of Information Act 2000.

 

May I first of all apologise for the delay in responding to your request.

 

The Council’s response to your specific questions is set out below:

 

 1. The number of Direct Payment Accounts that have been closed, for
whatever reason, in the last five years. 1,282

 

 

 2. How many of these accounts that had a non-zero final balance used the
rule - described below - to determine how the ownership of the final
balance was determined.

The Council pays direct payments 4 weeks in advance, so most direct
payment cases will have a non-zero balance at point of closure. Of the
1,282 direct payment accounts closed in the last five years, 744
required clients to pay their assessed contribution, this figure is
based on clients expected to pay their contribution but that is not
always the case. 

The Rule:  Each account holders percentage contribution to the total
deposits by all account holders made in the previous year to the year of
closure, is used to determine the account holder percentage share of the
final balance of the account.

 

Example. Account holder X deposited £200 and account holder Y deposited
£300 in the   previous year to account closure. Account holder X made a
40% and account          holder Y made a 60% contribution to the total
previous year deposits.

Account holder X is given 40% and account holder Y is given 60% of the
final balance of the account. 

 

Clarification received: 08/06/2021

 

When service users receives Direct Payments to pay for the care services
they receive from KMC they have to open a bank account. KMC then pays the
Direct Payments into this account monthly. If the service user is required
to make a contribution  towards the cost of their care services, then they
have to pay their contribution into this account monthly. This account is
what I mean by a Direct Payment account.

 

KMC has to receive a copy of all bank statements and when a service user
stops receiving  services, for any reason, the account has to be closed
and KMC given a copy of the final bank statement. If the account has a
balance then KMC decides who owns what of this balance. To do this, KMC
uses a rule which is described in my request.

 

The bank account belongs to the service user and the user close it, but
KMC receives a copy of all bank statements including the final statement,
therefore KMC has the details of all these bank accounts including when
they were opened and closed and how the ownership of the final balance, if
any, was determined.

 

If you are not content with the handling of your request, you have the
right to ask for an internal review.  Requests for internal reviews should
be submitted within 2 months of the date of receipt of the response to
your original request and should be addressed to the Monitoring Officer,
1^st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. 
Alternatively, you can send an email to:
[1][email address]. 

 

Please remember to quote the reference number above in any future
communications.

 

If you are not content with the outcome of any review you have the right
under section 50 of the 2000 Act to apply to the Information Commissioner
for a decision as to whether your request for information has been dealt
with in accordance with the requirements of the Act.  The Information
Commissioner’s website is at [2]www.ico.org.uk and gives more information
about the role and duties of the Commissioner.  The ICO telephone helpline
on 0303 123 1113 or 01625 545745 is available between 9am and 5pm, Monday
to Friday.

 

Yours sincerely

 

Information Governance Team

Kirklees Council, Governance Service

Telephone: 01484 221000 (voice activated switchboard – please ask for
Freedom of Information)

 

For more information about how we deal with your personal data, please see
the [3]Kirklees Council privacy notice

 

 

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This email and any attachments are confidential. If you have received this
email in error – please notify the sender immediately, delete it from your
system, and do not use, copy or disclose the information in any way.
Kirklees Council monitors all emails sent or received.

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5. https://www.kirklees.gov.uk/
6. http://www.kirkleestogether.co.uk/
7. http://www.kirklees.gov.uk/stayconnected
8. https://www.facebook.com/liveinkirklees
9. https://twitter.com/KirkleesCouncil

Freedom Info, Kirklees Borough Council

1 Atodiad

Dear Mr Harrop

24361 - Internal Review of Freedom of Information Request - Direct Payment Accounts

Please find attached the response to your internal review request.

Yours sincerely

John Shannon
Information Governance Officer

Information Governance Team
Kirklees Council, Governance Service

Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

For more information about how we deal with your personal data, please see the Kirklees Council privacy notice

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Dear Freedom Info,
I need clarification of your answer to my question No 2 ie how many of the 744 accounts closed with a non zero balance was reconciled using the rule described in the initial request. I expect an answer giving how many of the 744 accounts were reconciled using the rule described. I give below a part transcription of an email received from [email address]. This email describes the rule and its application. I can send you a full copy of this email or the author of the email if this will help you.

"When we reconcile an account we take the amount paid in by KMC and the amount paid in by the client for the previous year and then work out the percentages.
I agree with your final balance of £2119.67 but according to my calculations;
KMC put in £9462.56 Client put in £1079.00 % = KMC – 90% client = 10%
Therefore £1907.70 needs to be returned to Kirklees and you are entitled to the remainder £211.97."

Yours sincerely,

Peter Harrop

Freedom Info, Kirklees Borough Council

Dear Mr Harrop

RE: 24361 - Internal review of Freedom of Information Request

I confirm receipt of your email and that we are looking into this. We will respond to you further as soon as we can.

Regards

Information Governance Team
Governance Service
Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

This email and any attachments are confidential. If you have received it in error - notify the sender immediately, delete it from your system, and do not use, copy or disclose the information in any way. Kirklees Council monitors all emails sent or received.

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Freedom Info, Kirklees Borough Council

Dear Mr Harrop

Many thanks for your email below. Please could you supply us with a full copy of the quoted email so that the service can ensure that your subsequent question is answered fully.

Kind regards

Information Governance Team
Governance Service
Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

For more information about how we deal with your personal data, please see the Kirklees Council privacy notice

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Dear Freedom Info,

I have sent a copy of the email direct to Information Governance Team via email.

Yours sincerely,

Peter Harrop

Freedom Info, Kirklees Borough Council

Dear Mr Harrop

I confirm receipt of your email sent direct om 15 August 2021 and that we are dealing with this.

Many thanks for this.

Regards

Lindsay Foody
Principal Information Governance Officer

Information Governance Team
Kirklees Council, Governance Service

Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

For more information about how we deal with your personal data, please see the Kirklees Council privacy notice

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Dear Freedom Info,

Your response to my request is overdue. Can you please tell me when I will receive the outstanding information from my request. Thank you.

Yours sincerely,

Peter Harrop

Freedom Info, Kirklees Borough Council

Good Morning Mr Harrop

Thank you for your email. Please accept our apologies regarding the delay in responding to you. We are currently working with the appropriate service of the Council regarding your request and hope to shortly provide you with a response

Regards

John Shannon
Information Governance Officer
Information Governance Team
Kirklees MC

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Freedom Info, Kirklees Borough Council

Dear Mr Harrop,

I am writing in response to your email below, dated 5th August 2021.

The Council's response to your subsequent response is set out below:

The Council can confirm that it does hold information falling within the scope of your request but believes that it would exceed the appropriate time limit for complying with the request in order to provide it.

Section 12 of the Freedom of Information Act 2000 allows a public authority to refuse a request if the cost of providing the information to the applicant would exceed the ‘appropriate limit’ as defined by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004:

12 Exemption where cost of compliance exceeds appropriate limit
(1) Section 1(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit.
(2) Subsection (1) does not exempt the public authority from its obligation to comply with paragraph (a) of section 1(1) unless the estimated cost of complying with that paragraph alone would exceed the appropriate limit.

The Regulations provide that the appropriate limit to be applied to requests received by local authorities is £450 (equivalent to 2.5 days (or 18 hours) of work). In estimating the cost of complying with a request for information, an authority can only take into account any reasonable costs incurred in:

(a) determining whether it holds the information,
(b) locating the information, or a document which may contain the information,
(c) retrieving the information, or a document which may contain the information, and
(d) extracting the information from a document containing it.

For the purposes of the estimate the costs of performing these activities should be estimated at a rate of £25 per hour.

The Council does hold information falling within the scope requested but much of it is in a format that would require an extensive search through records and a judgement to be made about whether particular documents or extracts of documents were relevant or not.

The Council does not routinely record the information requested and has no statutory or operational need to do so.

The Council believes that it would take a considerable amount of time to extract and collate the information requested; it would need officers to interrogate a large number of records (into the hundreds) to determine whether they hold any information falling within the scope of your request. Taking into account the likely costs of searching the records and the number of people that would need to be involved, the Council believes that the cost of complying with your request would far exceed the appropriate limit of £450. The Council is unable to provide a more detailed cost estimate as it believes that the cost of doing so would, in itself, exceed the appropriate limit.

The request for disclosure of the information is therefore refused under section 12 of the Freedom of Information Act 2000.

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be submitted within 2 months of the date of receipt of the response to your original request and should be addressed to the Monitoring Officer, 1st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. Alternatively, you can send an email to: [email address].

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner. The ICO telephone helpline on 0303 123 1113 or 01625 545745 is available between 9am and 5pm, Monday to Friday.

Yours sincerely,

Brad Sakaria-Flynn (He/Him)
Information Governance Team

Civic Centre III | Market Street | Huddersfield | HD1 2EY
Tel: 01484 221000 (voice-activated switchboard – please ask for Brad Sakaria-Flynn)
Email: [email address]

For more information about how we deal with your personal data, see www.kirklees.gov.uk/privacy

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