Lasting Powers of Attorney created by ADULT CARE/SAFEGUARDING TEAM

The request was partially successful.

Dear Wiltshire Council,
How many vulnerable adults have had Power's of Attorney created and registered by men/women working in Adult Care or Safeguarding teams.

How do you monitor this very serious application.

What steps do you take, if there is an alert made to the registration of Power's of Attorney.

Do you call the police and insist on a thorough investigation?

Do you place the vulnerable adult in a place of safety following your safeguarding procedures?

If the Lasting Power of Attorney is found to be invalid, does safeguarding then come into force?

Yours faithfully,

Dunclan

FOI, Wiltshire Council

I am unable to progress your request as a freedom of information request as your email does not constitute a request for information as provided for in section 8(1)(b) of the Freedom of Information Act 2000 due to the fact you have not provided your full name.

Should you wish us to continue with this request please supply your full name. On receipt of that information we will commence the processing of this request.

If we do not hear from you by 26 January 2018 we will assume you no longer wish to obtain the information.

Andrew McConaghy
Freedom of Information Lead
Information Governance Team
Corporate Services & Digital
County Hall
01225 713632
[Wiltshire Council request email]
Web: www.wiltshire.gov.uk

Follow Wiltshire Council

show quoted sections

Dear FOI,
amanda dunn

Yours sincerely,

Dunclan

FOI, Wiltshire Council

Good afternoon

Thank you for your request for information received on 27 December 2017.

Your request is being considered and you will receive a response within the statutory timescale of 20 working days.

Andrew McConaghy
Freedom of Information Lead
Information Governance Team
Corporate Services & Digital
County Hall
01225 713632
[Wiltshire Council request email]
Web: www.wiltshire.gov.uk

Follow Wiltshire Council

show quoted sections

FOI, Wiltshire Council

1 Attachment

Dear Ms Dunn

Please see the attached response to your request for information.

Yours sincerely

David

David Sausins
Information Governance Officer | Corporate Services & Digital | Wiltshire Council | Bythesea Road, Trowbridge, Wiltshire, BA14 8JN | Tel: 01249 709558 | Email: [email address] | Web: www.wiltshire.gov.uk

show quoted sections

Dear FOI,

Thank you for your reply.
It appears that my question, was misinterpreted, regarding LPA's and staff. My question did not relate to private lives, but LPA's registered on vulnerable adults, that are service users, as this would be a conflict of Interest.

It also appears that only mis use of funds, would be an issue, not the fact, that someone has created false documents.
The creation of false documents are not investigated by the OPG, I have that confirmed in writing.
They insist this is a police matter, Fraud, please clarify, if Wiltshire Council, think Fraud is the correct safe place, for a service user or vulnerable adults placement.

Yours sincerely,

Dunclan

FOI, Wiltshire Council

Good morning

Thank you for your query, I will relay it to the service area which provided the information and will get back to you shortly

Yours sincerely

David

David Sausins
Information Governance Officer | Corporate Services & Digital | Wiltshire Council | Bythesea Road, Trowbridge, Wiltshire, BA14 8JN | Tel: 01249 709558 | Email: [email address] | Web: www.wiltshire.gov.uk

show quoted sections

Dear FOI,

By law you should have responded promptly
Yours sincerely,

Dunclan

FOI, Wiltshire Council

Dear Ms Dunn

Please see the following response to your queries:

"It appears that my question, was misinterpreted, regarding LPA's and staff. My question did not relate to private lives, but LPA's registered on vulnerable adults, that are service users, as this would be a conflict of Interest."

This information is not held as the council would not be aware of any LPAs set up privately within the family where an employee was the LPA. A family member may work for the council and hold LPA for a relative who then requires support, this is a coincidence.

"It also appears that only mis use of funds, would be an issue, not the fact, that someone has created false documents.
The creation of false documents are not investigated by the OPG, I have that confirmed in writing.
They insist this is a police matter, Fraud, please clarify, if Wiltshire Council, think Fraud is the correct safe place, for a service user or vulnerable adults placement. "

If there has been a falsification of documents this would be a matter for the police to investigate if appropriate.

Yours sincerely

David

David Sausins
Information Governance Officer | Corporate Services & Digital | Wiltshire Council | Bythesea Road, Trowbridge, Wiltshire, BA14 8JN | Tel: 01249 709558 | Email: [email address] | Web: www.wiltshire.gov.uk

show quoted sections

Dear FOI,

Thank you for your reply, but it is not complete.

Could you recheck my questions please.

Could you also clarify, 'if appropriate' that seems very muddy.
When is it not appropriate.

I am not asking about family LPA's, I thought I had clarified that. I am asking about people working on safeguarding teams, getting LPA's or Deputyships on service users. I hope that clarifies.

Yours sincerely,

Dunclan

FOI, Wiltshire Council

Dear Ms Dunn

Please see the responses below to your queries:

"Could you also clarify, 'if appropriate' that seems very muddy.
When is it not appropriate."

The decision on whether it is appropriate to take a matter forward is based on evidence and sits with the police, and therefore this information is not held by the council. If further information is required please approach the police directly.

"I am not asking about family LPA's, I thought I had clarified that. I am asking about people working on safeguarding teams, getting LPA's or Deputyships on service users. I hope that clarifies."

This information is not held as no person working within the Safeguarding Adults Team has applied for Deputyship to manage a service users assets. There is a specific Court of Protection Team within the council that may on occasion act as a deputy to assist a service user with managing their finances. This is s specialist team set up for this purpose alone.

Yours sincerely

David

David Sausins
Information Governance Officer | Corporate Services & Digital | Wiltshire Council | Bythesea Road, Trowbridge, Wiltshire, BA14 8JN | Tel: 01249 709558 | Email: [email address] | Web: www.wiltshire.gov.uk

show quoted sections

Dear FOI,

You have failed to answer all of my questions in my original request.

A specific team? Acting as Deputies? This is very concerning, why would the Council be managing people's financial affairs? This is a conflict of Interest if they are a service user, vulnerable service users, you provide a service, then manage their finances for that service, it would appear that Wiltshire Council are not aware of what can go badly wrong, reported in the media on a regular basis. Shocking.

I require an answer to all of my questions, you are already over the date. I will allow a further three working days, then I will request an Internal Review.

Yours sincerely,

Dunclan

FOI, Wiltshire Council

Dear Ms Dunn

I have logged your request for an internal review, your reference is ENQ08388-REQ002. Josie Convery, Senior Information Governance Officer, will be in touch shortly

Yours sincerely

David

David Sausins
Information Governance Officer | Corporate Services & Digital | Wiltshire Council | Bythesea Road, Trowbridge, Wiltshire, BA14 8JN | Tel: 01249 709558 | Email: [email address] | Web: www.wiltshire.gov.uk

show quoted sections

Convery, Josie, Wiltshire Council

3 Attachments

Dear Ms. Dunn,

 

Please find my acknowledgement letter attached.

 

Kind Regards,

 

Josie

 

 

Josie Convery

Senior Information Governance Officer

Information Governance Team

Corporate Services and Digital

Wiltshire Council

County Hall | Trowbridge | Wiltshire | BA14 8JN

 

Tel. 01225 712612 | [1]www.wiltshire.gov.uk

 

Monday is a non-working day

 

Follow Wiltshire Council:

 

[2]FaceBook-icon   [3]Twitter-icon

 

show quoted sections

Dear Convery, Josie,

Thank you for advising me of this Internal Review. Why it was so difficult to answer basic safeguarding questions, I have no idea. I have also reported this to the ICO, so as I may supply them with your reply.

As you are conducting a review, I have some more questions, due to the answers provided.

After looking at the link below, this page does not make sense.
It states that the Court of Protection Team, manage affairs for those who can not manage their own affairs, but then goes on to mention Lasting Powers of Attorney. You can not gain Lasting Powers of Attorney over people without Capacity, this is conflicting information.

There is a huge conflict of Interest here, and I have notified several Newspapers of my request, and have sent a printed copy.

Conflict of Interests:
1. Providing a service, and being in charge of finances of the service user.
2. Who performs the Mental Capacity assessments? I do hope this is not my family member, that has been shown to get it so wrong, who did have an office based at Wiltshire Council. I can only assume it has been at some stage. This could explain a lot.
3. As Carlton Brand removed the Internal Fraud team, how is this very volatile situation managed? Last year alone, saw a Judge imprisoned for misappropriation of funds under LPA'S, and Solicitors likewise.

This is not in the best interest of any vulnerable person, and should be managed by an Independent, assessed in triplicate at least, and up for scrutiny by many.

This is proving to be one of the most dangerous documents to hold over someone, and Denzil Lush publicly stated he would never allow one on himself. All well and good for those with Capacity to say No.

I already have several police under investigation for not investigating Fraud in this area, and an alleged investigation, that does not recognise Fraud, even after the OPG states the person involved, did not have capacity to donate and did not sign these documents, what more does it take to prove that they are false documents.
And this was with one of your own team members witnessing the applications.

https://www.yourcareyoursupportwiltshire...

Yours sincerely,

Dunclan

Convery, Josie, Wiltshire Council

3 Attachments

Dear Ms. Dunn,

 

Please find my letter attached in response to your request for an internal
review.

 

Kind Regards,

 

Josie

 

 

Josie Convery

Senior Information Governance Officer

Information Governance Team

Corporate Services and Digital

Wiltshire Council

County Hall | Trowbridge | Wiltshire | BA14 8JN

 

Tel. 01225 712612 | [1]www.wiltshire.gov.uk

 

Monday is a non-working day

 

Follow Wiltshire Council:

 

[2]FaceBook-icon   [3]Twitter-icon

 

show quoted sections

Dear Convery, Josie,

Thank you for your reply.
Although it covers some of my information requested, it does not answer all of the questions.

I am happy to wait a further five days for an answer, before contacting the ICO.
You fail to mention the Care Act, or the steps to be taken therein, this concerns me.

You have not answered this part.

It also appears that only mis use of funds, would be an issue, not the fact, that someone
has created false documents.
The creation of false documents are not investigated by the OPG, I have that confirmed in
writing.
They insist this is a police matter, Fraud, please clarify, if Wiltshire Council, think Fraud is
the correct safe place, for a service user or vulnerable adults placement.

Yours sincerely,

Dunclan

Convery, Josie, Wiltshire Council

Dear Ms. Dunn,

Thank you for your email.

I have re-checked your FOI request and subsequent review request and cannot see any questions regarding the Care Act. If you wish to submit a new FOI request then please forward to [email address] and we will acknowledge accordingly.

I refer to the second part of your email - "please clarify, if Wiltshire Council, think Fraud is the correct safe place, for a service user or vulnerable adults placement". Under the Freedom of Information Act and the Environmental Information Regulations you have a right to request any recorded information held by a public authority ... but the authority does not have to answer your question if this would mean creating new information or giving an opinion or judgment that is not already recorded.

If you are dissatisfied with our response then you have a right to complain to the Information Commissioner.

Kind Regards,

Josie

Josie Convery
Senior Information Governance Officer
Information Governance Team
Corporate Services and Digital
Wiltshire Council
County Hall | Trowbridge | Wiltshire | BA14 8JN

Tel. 01225 712612 | www.wiltshire.gov.uk

Monday is a non-working day

Follow Wiltshire Council:

show quoted sections

Dear Convery, Josie,

New information?
It is there in your reply to me, the question, "please clarify, if Wiltshire Council, think Fraud is the correct safe place, for a service user or vulnerable adults placement"

You did not respond.

The Care Act, is the core Act from which the answers should come, is it not? That is the Law.

Yours sincerely,

Dunclan

Convery, Josie, Wiltshire Council

Dear Ms. Dunn,

Thank you for your email.

Wiltshire Council hold no recorded information on this opinion. Fraud is a matter for the police to investigate.

Please note that we have responded to your review request and the case is now closed.

If you remain dissatisfied you have the right to complain to the Information Commissioner.

Kind Regards,

Josie

Josie Convery
Senior Information Governance Officer
Information Governance Team
Corporate Services and Digital
Wiltshire Council
County Hall | Trowbridge | Wiltshire | BA14 8JN

Tel. 01225 712612 | www.wiltshire.gov.uk

Monday is a non-working day

Follow Wiltshire Council:

show quoted sections