Freedom of Information Act (“FOIA”) request- Project 17

Gwrthodwyd y cais gan Kirklees Borough Council.

Dear Sir/Madam,

Freedom of Information Act (“FOIA”) request

We write to request the following information under the FOIA in relation to assessments of, and the provision of support to, families with No Recourse to Public Funds (“NRPF”) seeking access to support under section 17 of the Children Act 1989. If you require any further clarification as to our request, kindly inform us promptly and we would be happy to assist.

Contact details:

1. Does your local authority have a separate team dealing with requests for support under section 17 Children Act 1989, for example an ‘NRPF team’?
2. If yes, please provide contact details for this team (telephone and email)
3. If no, please confirm where referrals for such support should be directed to and the contact details (telephone and email)
4. Please also provide contact details for the relevant legal team supporting children’s services or dedicated NRPF team

Policies:

5. Do you have any guidance or policy documents or other such written material in respect of undertaking assessments and providing support pursuant to section 17 of the Children Act 1989 to families with no recourse to public funds (including documents specific to this issue, or of more general application but covering this issue)?
6. If yes, please provide us with a copy.

Subsistence:

7. Do you pay a set rate of financial subsistence to families with no recourse to public funds?

If you answered yes in response to Q7 please consider questions 8-14, but ignore questions 15-16. If you answered no, please ignore questions 8-14 and proceed to question 15.

8. If yes, what is paid?
9. How has that figure been reached? E.g. is it by reference to Child Benefit rates, asylum support (section 4 or section 95 rates)?
10. When was this level set?
11. Who took this decision?
12. Please provide copies of any reports, minutes, decision documents detailing the setting of this rate.
13. If you do not pay a set rate of financial subsistence to families with no recourse to public funds, do you have any guidelines relating to rates of financial support?
14. If yes, please provide a copy.
15. If you do not pay a set rate of financial subsistence to families with no recourse to public funds, in the months April to September 2020, how many families with NRPF were receiving regular financial subsistence support under section 17 (CA 1989) from your local authority?
16. Please specify how much financial support each family received per week (or fortnight if subsistence is paid fortnightly rather than weekly) as regular subsistence in each of the months April, May, June, July, August and September 2020. Please provide a breakdown for each of these months and when doing so please provide the following information:

a. Specify the composition of the household (i.e. whether it is a two or single-parent household and how many children there are)
b. identify whether the household has any children under 1-year-old and, if so, how many
c. identify whether the household has any children between 1 and 3 years old and, if so, how many;
d. identify whether the household has any children between 4 and 17 years old and, if so, how many
e. identify whether any of the members of the household were pregnant
f. identify whether the household ever received any discretionary payments for individual items from the Council and, if so, how much;
g. identify whether the household ever received additional funds for travel costs, and if so, how much.

Please note that we are not requesting personal data and we are not requesting identifying information. We are expecting to receive something along these lines. Please note, we are not prescribing the format of your response, though you are welcome to follow our suggestion ( a table format). We are trying to provide clarification that we hope will assist you in responding.

We anticipate that this information will be easily accessible to you as we understand that the majority (if not all) of the families will receive automated payments to their subsistence cards.

If you require any further clarification as to our request, kindly inform us promptly and we would be happy to assist.
If you hold any of the information requested but consider it is exempt from disclosure, please state specifically what exemption you rely upon (including the relevant statutory provision) and the reason you consider it to be applicable.

We look forward to receiving your response within 20 working days as per the FOIA.

Yours faithfully,

Blessing

Freedom Info, Kirklees Borough Council

Dear Blessing,

 

Thank you for your request dated today's date and I regret to inform you
that "Blessing" is not a valid name for the purposes of Section 8(1) of
the Freedom of Information Act 2000.

Section 8(1) of the FOIA sets out the requirements of a valid request for
information and says that a request must, amongst other things, "state the
name of the applicant and an address for correspondence". The ICO has
issued guidance on what is an acceptable name and states that the use of
the phrase "the name of the applicant" in section 8(1) (b) indicates that
the real name of the applicant should be used when requesting information.

 

See the ICO’s guidance document [1]Recognising a Request made under the
FoI Act (Section 8) paragraphs 14 onwards, particularly paragraph 25.  In
order for your request to comply with this requirement, I would be
grateful if you could provide your full name.

 

The Information Commissioner considers that a relatively informal approach
is appropriate and therefore title and or first name with a surname
satisfies the requirement for provision of a real name, as does the use by
a female applicant of her maiden name. The prime consideration is whether
enough of a person's full name has been provided to give a reasonable
indication of that person's identity.

If you should require any further information or assistance then please do
not hesitate to contact me.

I look forward to hearing from you in due course

 

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, 1^st Floor, Civic Centre 3, Market
Street, Huddersfield HD1 2EY.  Alternatively, you can send an email to:
[2][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 [3]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

 

James Dunn

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 [4]Kirklees Council privacy notice

 

 

[5][IMG]

[6]Website | [7]News | [8]Email Updates | [9]Facebook | [10]Twitter

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.

References

Visible links
1. https://ico.org.uk/media/for-organisatio...
2. mailto:[email address]
3. http://www.ico.org.uk/
4. https://www.kirklees.gov.uk/beta/informa...
5. http://www.kirklees.gov.uk/
6. https://www.kirklees.gov.uk/
7. http://www.kirkleestogether.co.uk/
8. http://www.kirklees.gov.uk/stayconnected
9. https://www.facebook.com/liveinkirklees
10. https://twitter.com/KirkleesCouncil