Further Information in relation to IRO Referrals

A Watson made this Rhyddid Gwybodaeth request to Children and Family Court Advisory Support Service

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.

Dear Children and Family Court Advisory Support Service,

I am writing to request further information in relation to referrals received by CAFCASS from Independant Reviewing Officers under s25B(3)(a) Children Act 1989.

You have previously confirmed that CAFCASS has received 8 such referrals since the September 2004. I would appreciate it if you could now provide me with the following additional information in relation to each of those referrals.

1. From which local authority did the referral originate.

2. What was the reason for the IRO making the referral.

3. Was a CAFCASS officer appointed to review each referral and if so how many days did the appointment take to be made.

4. How many days were taken to complete each review.

5. What recomendations were made in each case.

6. Were those recommendations accepted by the local authority.

Please note that I do not require any information which might lead to the identification of any individual involved in the specific cases reviewed.

Yours faithfully,

A Watson

Governance - Cafcass, Children and Family Court Advisory Support Service

Due to chrsitmas and new year closures this email will not be accessed
until 3rd January 2012.

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Governance - Cafcass, Children and Family Court Advisory Support Service

Thank you for your email.
It will be acknowledged as a request for information shortly.
Regards

Governance Team
Cafcass

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Governance - Cafcass, Children and Family Court Advisory Support Service

1 Atodiad

Please find attached an acknowledgement of your recent request
Regards

Governance Team
Cafcass

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Jassal, Jasvinder - Cafcass, Children and Family Court Advisory Support Service

Dear Mr/Ms Watson

I am emailing you as Cafcass require additional time to consider your request. I require an additional 5 working days to respond to your request. I apologise for any delay and aim to have a response for you on or before Friday 10th February 2012.
Best wishes
Miss Jasvinder Jassal

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Jassal, Jasvinder - Cafcass, Children and Family Court Advisory Support Service

Dear Mr/Ms Watson

I am emailing you a second time as Cafcass require additional time to consider your request. I require an additional 5 working days to respond to your request. I apologise for this additional delay and aim to have an agreed response for you on or before Friday 17th February 2012.
Best wishes
Miss Jasvinder Jassal
Information Assurance & Data Handling Officer

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Dear Jassal, Jasvinder - Cafcass,

Thank you for your notification that you require additional time to respond to my request.

As you will be aware s10(3) FOIA only permits an extension of time where it is necessary to consider the application of the public interest test to a potentially applicable exemption.

Please confirm which exemtpion or exemptions you consider might apply to this request for information and what public interest factors you are taking into account both for and against disclosure.

I look forward to eharing from you shortly.

Yours sincerely,

Andrew Watson

Jassal, Jasvinder - Cafcass, Children and Family Court Advisory Support Service

2 Atodiad

Dear Mr/Ms Watson
Thank you for your patience in respect of CAF 511.
Please find attached a response to your request. Do contact me further as required.
Best wishes

Miss Jasvinder Jassal
Information Assurance & Data Handling Officer

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Dear Children and Family Court Advisory Support Service,

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

I am writing to request an internal review of Children and Family Court Advisory Support Service's handling of my FOI request 'Further Information in relation to IRO Referrals'.

This internal review request only applies to point (a) of my request which was for details of the local authorities from which the IRO referrals had been received.

My request is made on the following grounds:

1. You have failed properly to identify which exemption applies to this case. You cite s36(2)(b) without identifying which subsection you rely upon.

2. You have failed to identify who the appropriate person is who has taken the decision or which material they had access to when doing so.

3. You have failed properly to identify any evidence for prejudice to the protected interests. Your decision notice makes generalised claims that disclosure of the identity of the authorities will have a chilling effect. You will be aware that such generlised claims have been rejected by the Information Tribunal in the past.

4. In any even it is unclear how disclosure of the names of the authorities which make referrals would cause prejudice to the effective conduct of public affairs. The introduction of the review regulations was made following the case of Re S; Re W where the House of Lords identified serious concerns about local authorities failing to meet their obligations to children in their care. An IRO making such a referral would be acting appropriately in furtherance of their obligation to promote and safeguard the welfare of the child.

5. You claim a duty of confidentiality to the local authorities but have not invoked s41 FOIA. Even if such a duty did exist, which is not admitted, then it would not prevent the disclosure of the names of the public authorities involved given the substantive reasons for the referrals have already been released.

6. You have failed to give clear reasons why the public interest in maintaining the exemption outweighs the public interest in disclosure. In particular you have not identified the public interest factors which support disclosure and therefore cannot have caried out the balancing test required by s2(2)(b) FOIA.

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

Yours faithfully,

A Watson

Dear Jassal, Jasvinder - Cafcass,

I note that I have not yet had the courtesy of an acknolweldgment of my request for an internal review. You will be aware that the Information Commissioners Guidance suggests that internal reviews should take no longer than 20 working days. That time period ran out today.

Please inidcate when my request for an internal review will be dealt with by, failing which I will refer the matter to the Information Commissioner.

Yours sincerely,

A Watson

Dear Jassal, Jasvinder - Cafcass,

It is now nearly two weeks since I requested an acknowledgment of my request for an internal review. If I have not heard from you by the end of the week then I will refer the matter to the Information Commissioner.

Yours sincerely,

A Watson

Jassal, Jasvinder - Cafcass, Children and Family Court Advisory Support Service

Dear A Watson
I have been out of the office since 4th April.
My out of office would have directed you to contact the Governance email inbox.
If you have emailed them since I will enquire into where the review is at currently otherwise I will pick this up this week.
Regards

Miss Jasvinder Jassal
Information Assurance & Data Handling Officer

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Gadawodd Philip J Measures anodiad ()

They only reply on time when it suits them - go for the Information Commissioner.

Dear Jassal, Jasvinder - Cafcass,

Thank you for your reply. I note you were out of the office from 04.04. I am afraid that I have not had any out of office reply from you, possibly due to the way the Whatdotheyknow website works.

However that does not explain why I have had no response to my initial request for an internal review which was made on 12.03. Given the Information Commissioner recommends that internal reviews are dealt with within 20 working days if I have not received a substantive response to my request by the end of the week then I will refer the matter to the Information Commissioner.

Yours sincerely,

A Watson

Jassal, Jasvinder - Cafcass, Children and Family Court Advisory Support Service

Dear Mr Watson
Can you please resend me your request for an Internal review to this email address and I will arrange for a senior officer to undertake the review as soon as possible.

Regards

Miss Jasvinder Jassal
Information Assurance & Data Handling Officer

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Gadawodd Philip J Measures anodiad ()

Disgraceful when the correct request has already been made and chased up - they are just trying to re-set the clock.

Dear Jassal, Jasvinder - Cafcass,

My request for an internal review is contained within this thread in the post dated 12.03.12. It is only a few posts above your last message however for ease of reference I have copied the request below.

-------------------------------------------------------

Dear Children and Family Court Advisory Support Service,

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

I am writing to request an internal review of Children and Family
Court Advisory Support Service's handling of my FOI request
'Further Information in relation to IRO Referrals'.

This internal review request only applies to point (a) of my
request which was for details of the local authorities from which
the IRO referrals had been received.

My request is made on the following grounds:

1. You have failed properly to identify which exemption applies to
this case. You cite s36(2)(b) without identifying which subsection
you rely upon.

2. You have failed to identify who the appropriate person is who
has taken the decision or which material they had access to when
doing so.

3. You have failed properly to identify any evidence for prejudice
to the protected interests. Your decision notice makes generalised
claims that disclosure of the identity of the authorities will have
a chilling effect. You will be aware that such generlised claims
have been rejected by the Information Tribunal in the past.

4. In any even it is unclear how disclosure of the names of the
authorities which make referrals would cause prejudice to the
effective conduct of public affairs. The introduction of the review
regulations was made following the case of Re S; Re W where the
House of Lords identified serious concerns about local authorities
failing to meet their obligations to children in their care. An IRO
making such a referral would be acting appropriately in furtherance
of their obligation to promote and safeguard the welfare of the
child.

5. You claim a duty of confidentiality to the local authorities but
have not invoked s41 FOIA. Even if such a duty did exist, which is
not admitted, then it would not prevent the disclosure of the names
of the public authorities involved given the substantive reasons
for the referrals have already been released.

6. You have failed to give clear reasons why the public interest in
maintaining the exemption outweighs the public interest in
disclosure. In particular you have not identified the public
interest factors which support disclosure and therefore cannot have
caried out the balancing test required by s2(2)(b) FOIA.

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

Yours faithfully,

A Watson

-------------------------------------------------------

Yours sincerely,

A Watson

Jassal, Jasvinder - Cafcass, Children and Family Court Advisory Support Service

Dear Mr Watson

I apologise I cannot explain why this has not been received/processed. Today, I have been able to source a senior officer to conduct the review and he has informed me that he will attempt to provide a response on or before 11th May 2012.
I hope this is acceptable considering the delay.
Regards
Miss Jassal

Re: Freedom of Information Request

Thank you for your email received on 24th April 2012 in which you were unhappy with the decision made in relation to your FOI request.

Please note: A Senior Officer who was not party to the original decision on whether to release the information will conduct the internal review. The internal reviewer will review the manner in which the application was dealt with and is empowered to either uphold or overturn the original decision.

This request will be dealt with under the terms of the Freedom of Information Act 2000.

Cafcass is required to notify you as to the final decision made regarding your internal review.
Miss Jasvinder Jassal
Information Assurance & Data Handling Officer

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Jassal, Jasvinder - Cafcass, Children and Family Court Advisory Support Service

2 Atodiad

Dear Mr Watson

Please find attached a response to your request for an internal review of
CAF 511.

Best wishes

 

Miss Jasvinder Jassal

Information Assurance & Data Handling Officer

Cafcass

[1]cid:285022415@29052009-310F

 

 

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