Fiduciary Duty

William:Sterling (Ataliwyd y cyfrif) made this Rhyddid Gwybodaeth request to Comisiynydd Plant

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

Roedd y cais yn rhannol lwyddiannus.

William:Sterling (Ataliwyd y cyfrif)

Dear (Sir's) ,

A fiduciary duty is a legal or ethical relationship of confidence
or trust between two or more parties , most commonly a fiduciary or
trustee and a principal or beneficiary.

In a fiduciary relation one person justifiably reposes confidence,
good faith , reliance and trust in another whose aid, advice or
protection is sought in some matter. In such a relation good
conscience requires one to act at all times for the sole benefit
and interests of another, with loyalty to those interests.

This is NOT happening in HMCS and a clear conflict of interest
prevail between ‘professionals’ within local authorities and the
families comprising of men/women/offspring(children)they claim to
re-pre-sent to the state.

What information does your department hold about your fiduciary
duty and is this to the people. i.e. real men/women/their
offspring(children) or to the Crown i.e. City of London.

yours Truly,

William:Sterling

Tony Evans, Comisiynydd Plant

I acknowledge your request for information relating to "fiduciary duty".
We will respond to your request within 20 working days.

Tony Evans
Head of Corporate Services
Childrens Commissioner for Wales
Oystermouth House
Charter Court
Swansea
Sa7 9FS

dangos adrannau a ddyfynnir

Tony Evans, Comisiynydd Plant

The Children's Commissioner for Wales (CCfW) was established under the
Care Standards Act 2000; and his role was further defined under the
Children's Commissioner for Wales Regulation 2001. CCfW is a prescribed
body under the Public Interest Disclosure Act in relation to
whistleblowers who provide information or raise allegations concerning the
welfare and rights of children.

The principle aim of CCfW is to safeguard and promote the rights and
welfare of children and young people of Wales aged up to and including 18
years of age; and up to 25 years of age, if they have been recipients of
care. The legislation is also retrospective and allows the Commissioner to
examine incidents that happened in the past to individuals, whilst as a
child. The Commissioner has several functions. He can review arrangements
that providers of children's services have in place to safeguard and
promote the rights and welfare of children. He may also carry out a review
of the effect on children of the exercise of any function of any person
mentioned in Schedule 2(A) of the Children's Commissioner for Wales
Regulation. The Commissioner may also undertake an examination of a
particular service. This can be undertaken in response to representation
made by a child or a suitable advocate, where issues have been raised with
regard to general principles of children's rights. The Commissioner may
also offer to provide assistance in proceedings that concern the
following:

o The provision of regulated children's services to a child;
o The provision of services by persons listed in Schedule 2(B) of the
2001 Regulation;
o The effect of the exercise of a function by the National Assembly or
person listed in Schedule 2(A) of the 2001 Regulation;
o Where the issues raised have a wider implication than the individual
involved; and
o The child is making a complaint or representation to a regulated
children's service provider or a person specified in the 2001
Regulation.

The Care Standards Act 2000 also gives the Commissioner general powers,
subject to the direction of the National Assembly, that enable him to do
anything that appears to him to be necessary or expedient for the purpose
of or in connection with the proper exercise of his function.

The Commissioner adheres to the All Wales Child Protection Procedures
regarding his dealings with children and young people in Wales. Under the
procedures the first duty of every practitioner is to safeguard and
promote the welfare of the child and young person. It must always be made
clear to children and young people at the earliest opportunity and
throughout any working relationship that the duty of confidentiality is
not absolute, and that there will be some circumstances where the needs of
the child or young person, or of other children and young people, can only
be safeguarded by sharing information with others.

Decisions to share information with parents and caregivers will be taken
using professional judgment and in consultation with the All Wales Child
Protection procedures. Decisions will be based on the child's age,
maturity and ability to appreciate what is involved in terms of the
implications and risks to themselves. This should be coupled with the
parents' and caregivers' ability and commitment to protect the young
person. Given the responsibility that parents have for the conduct and
welfare of their children, professionals should encourage the young
person, at all points, to share information with their parents and
caregivers wherever safe to do so. This protocol is written on the
understanding that those working with this vulnerable group of young
people will naturally want to do as much as they can to provide a safe,
accessible and confidential service whilst remaining aware of their duty
of care to safeguard them and promote their well being.

I hope the above provides you with sufficient information with regard to
your Freedom of Information request.

Tony Evans

Head of Corporate Services

Oystermouth House/Ty Ystumllwynarth

Charter Court/Llys Siater

Phoenix Way/Phoenix Way

Swansea/Abertawe

SA7 9FS

T: 01792 765600

F: 01792 765601