Recording of sex and or gender of severely learning disabled adults
Dear Hillingdon Borough Council,
I am writing to you under the Freedom of Information Act 2000 to request the following information, which relates to care for severely learning disabled adults, specifically those who lack capacity to express a view on their own *gender* or any preference as to the *sex* of their care staff, such as the learning disabled female whose rape and infection with HIV by male care staff is described in this Brent Safeguarding Adult Review adultbfinalreportnov2018_13.pdf (inzu.net) : .
1. Does your social care management system (the database or other systems your organisation uses to record personal data for disabled adults in connection with your duties under the Care Act 2014) include a field for the characteristic of *gender*?
a. Are there a defined set of responses from which to select, and if so, what are they?
b. Is it mandatory to populate this field, or can it be left blank
c. How is it populated for adults who lack capacity to express a view on their own gender
2. Does it include a field for the characteristic of *sex*?
a. Are there a defined set of responses from which to select, and if so, what are they?
b. Is the field mandatory, or can it be left blank?
3. Do you have policies or procedures that have the objective of ensuring that users of your services (commissioned or provided directly) of the female sex is who require assistance with intimate care receive this from carers of the female sex. If so, please provide copies.
4. Please provide copies of any Equality Impact Assessment dealing with the recording of the protected characteristic of sex and/or gender for severely learning disabled adults.
5. Please provide copies of any assessments of the impact on your compliance with the Public Sector Equality Duty of your how you record the protected characteristic of sex and/or the unprotected characteristic of gender for severely learning disabled adults.
Please provide the information in the form of an email.
If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under the Section 16 obligations of the Act, as to how I can refine my request.
If you have any queries please don’t hesitate to contact me via email and I will be very happy to clarify what I am asking for and discuss the request.
Yours faithfully,
Saladin Pallavicini
Dear Saladin Pallavincini,
I am writing in response to your request for information under the Freedom
of Information Act 2000, received 24/03/2023
Under the Freedom of Information Act 2000 we have 20 working days to
respond to your requests. Therefore, the deadline for our response is
25/04/2023
If we require further information or clarification from you to assist us
in responding to your request, or if we require a fee to be paid before we
can respond we will contact you shortly.
Kind Regards
Michelle Barber
Members Enquiry & FOI Liaison Officer
Corporate Resources and Services
London Borough of Hillingdon
3S/03 Civic Centre
Dear Saladin
I am writing regarding your request for information below. I note from
our records that the response to your request is due today. Unfortunately,
we are unable to respond today and there will be a slight delay in
our response. Please accept my apologies for this and we will endeavour
to respond as soon as we are able.
If you have any queries regarding this matter, please do not hesitate to
contact me.
If you wish to request an internal review of our response you should
write, within 2 months, to:
Office Managing Partner, Legal Services, Civic Centre, High St, Uxbridge,
UB8 1UW (or via email to
[Hillingdon Borough Council request email] marked for the attention of the Office Managing
Partner).
Please remember to quote the reference number above in any future
communications.
If you are not content with the outcome of the internal review, you have
the right to apply to the Information Commissioner for a decision. The
Information Commissioner can be contacted at: Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Kind regards,
Data Protection & Freedom of Information Officer | London Borough of
Hillingdon | Legal Services 3E/04
Tel: 01895 55 8298 | FOI Email: [1][Hillingdon Borough Council request email] | SAR
Email: [2][email address]
Address: London Borough of Hillingdon Civic Centre, Uxbridge, UB8 1UW
══════════════════════════════════════════════════════════════════════════
From: SCH FOI <sch[Hillingdon Borough Council request email]>
Sent: 30 March 2023 12:00
To: [FOI #964574 email]
<[FOI #964574 email]>
Cc: FOI <[Hillingdon Borough Council request email]>
Subject: FOI 9476443 - From: Saladin Pallavincini - Due: Received: 25th
April 2023
Dear Saladin Pallavincini,
I am writing in response to your request for information under the Freedom
of Information Act 2000, received 24/03/2023
Under the Freedom of Information Act 2000 we have 20 working days to
respond to your requests. Therefore, the deadline for our response is
25/04/2023
If we require further information or clarification from you to assist us
in responding to your request, or if we require a fee to be paid before we
can respond we will contact you shortly.
Kind Regards
Michelle Barber
Members Enquiry & FOI Liaison Officer
Corporate Resources and Services
London Borough of Hillingdon
3S/03 Civic Centre
Dear Hillingdon Borough Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Hillingdon Borough Council's handling of my FOI request 'Recording of sex and or gender of severely learning disabled adults'.
You have failed to reply by the deadline of 25 April
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...
Yours faithfully,
Saladin Pallavicini
Dear Saladin Pallavicini
Please see attached correspondence.
Yours sincerely,
Glen Egan
Office Managing Partner | London Borough of Hillingdon | Legal Services
3E/04
DX 45101 UXBRIDGE |Tel: 01895 277602 | E-mail:
[1][email address]
Hillingdon Council routinely monitors the content of emails sent and
received via its network for the purposes of ensuring compliance with its
policies and procedures. The contents of this message are for the
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intended recipient or addressee, or the person responsible for sending the
message you may not copy, forward, disclose or otherwise use it or any
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Dear Glen Egan,
Thank you for letting me know the outcome of the internal review, and providing answers to most of my questions. You have missed one, I am sure inadvertently - 1(c), how the 'gender' field is populated for adults who lack capacity to express a view on their own gender
1b. Is it mandatory to populate this field, or can it be left blank c. How is it populated
for adults who lack capacity to express a view on their own gender
[one answer under both questions - 'yes']
I should be most grateful if you could let me have this information.
Yours sincerely,
Saladin Pallavicini
Dear Saladin Pallavicini,
Thankyou for your email.
I apologise for missing off the information. Through this email I am
requesting my colleague Rukhsana Hussain to provide the missing
information to you.
Yours sincerely,
Glen Egan
Linighan
Glen Egan
Head of Legal Services (Acting) | London Borough of Hillingdon | Legal
Services 3E/04
DX 45101 UXBRIDGE |Tel: 01895 277602 | E-mail:
[1][email address]
══════════════════════════════════════════════════════════════════════════
From: Saladin Pallavicini <[FOI #964574 email]>
Sent: 20 July 2023 12:01
To: Glen Egan <[email address]>
Subject: Re: Freedom of Information Act 2000 - Request for Internal Review
- Request Ref: 9476443
Dear Glen Egan,
Thank you for letting me know the outcome of the internal review, and
providing answers to most of my questions. You have missed one, I am sure
inadvertently - 1(c), how the 'gender' field is populated for adults who
lack capacity to express a view on their own gender
1b. Is it mandatory to populate this field, or can it be left blank c. How
is it populated
for adults who lack capacity to express a view on their own gender
[one answer under both questions - 'yes']
I should be most grateful if you could let me have this information.
Yours sincerely,
Saladin Pallavicini
Dear Saladin Pallavicini
I write further to Mr Egan’s email of today.
Please find below the response to question 1c of your FOI enquiry.
1c) - How is it populated for adults who lack capacity to express a view
on their own gender?
Response: The Adult Mental Health and Addictions team have confirmed that
the assessment form on their case management system does not have a
separate box to determine whether someone has capacity in respect of their
gender. They have stated that if there is concern around an individual
not having capacity to determine their gender, then a full capacity
assessment form would need to be completed and then referenced in the Care
Act assessment.
If you have any queries, please do not hesitate to contact me.
Kind regards
Rukhsana Hussain
Deputy Principal Lawyer - Information Governance | London Borough of
Hillingdon | Legal Services 3E/04
Tel: 01895 556351 E-mail: [1][email address]
From: Glen Egan <[email address]>
Sent: Friday, August 4, 2023 1:44 PM
To: Saladin Pallavicini <[FOI #964574 email]>
Cc: Rukhsana Hussain <[email address]>
Subject: Re: Freedom of Information Act 2000 - Request for Internal Review
- Request Ref: 9476443
Dear Saladin Pallavicini,
Thankyou for your email.
I apologise for missing off the information. Through this email I am
requesting my colleague Rukhsana Hussain to provide the missing
information to you.
Yours sincerely,
Glen Egan
Linighan
Glen Egan
Head of Legal Services (Acting) | London Borough of Hillingdon | Legal
Services 3E/04
DX 45101 UXBRIDGE |Tel: 01895 277602 | E-mail:
[2][email address]
════════════════════════════════════════════════════════════════════════
From: Saladin Pallavicini <[3][FOI #964574 email]>
Sent: 20 July 2023 12:01
To: Glen Egan <[4][email address]>
Subject: Re: Freedom of Information Act 2000 - Request for Internal Review
- Request Ref: 9476443
Dear Glen Egan,
Thank you for letting me know the outcome of the internal review, and
providing answers to most of my questions. You have missed one, I am sure
inadvertently - 1(c), how the 'gender' field is populated for adults who
lack capacity to express a view on their own gender
1b. Is it mandatory to populate this field, or can it be left blank c. How
is it populated
for adults who lack capacity to express a view on their own gender
[one answer under both questions - 'yes']
I should be most grateful if you could let me have this information.
Yours sincerely,
Saladin Pallavicini
Dear Rukhsana Hussain,
Many thanks for the response. May I see a copy of the full capacity assessment form, and any separate questions that are asked as part of completing the form?
Yours sincerely,
Saladin Pallavicini
Thank you for your email.
I am on annual leave on Friday 25th August 2023. Please note that I will
not have access to my emails.
If your enquiry is urgent, please contact Brendan Molloy at
[email address] and Angus Charleston at
[email address].
Hillingdon Council routinely monitors the content of emails sent and
received via its network for the purposes of ensuring compliance with its
policies and procedures. The contents of this message are for the
attention and use of the intended addressee only. If you are not the
intended recipient or addressee, or the person responsible for sending the
message you may not copy, forward, disclose or otherwise use it or any
part of it in any way. To do so may be unlawful. If you receive this email
by mistake please advise the sender immediately. Where opinions are
expressed they are not necessarily those of the London Borough of
Hillingdon. Service by email is not accepted unless by prior agreement.
Dear Hillingdon Borough Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Hillingdon Borough Council's handling of my FOI request 'Recording of sex and or gender of severely learning disabled adults'.
You have not responded to my request of 25 August for a copy of the full capacity assessment form, and any separate questions that are asked as part of completing the form
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...
Yours faithfully,
Saladin Pallavicini
Dear Saladin Pallavicini,
Thank you for your email, the contents of which are noted.
We would be grateful if you could confirm which email you are referring to
as we are struggling to locate an email dated 25^th August 2023 from
yourself.
Kind regards,
Data Protection & Freedom of Information Officer | London Borough of
Hillingdon | Legal Services 3E/04
Tel: 01895 55 8298 | FOI Email: [1][email address] | SAR
Email: [2][email address]
Address: London Borough of Hillingdon Civic Centre, Uxbridge, UB8 1UW
══════════════════════════════════════════════════════════════════════════
From: Saladin Pallavicini <[FOI #964574 email]>
Sent: 16 October 2023 12:56
To: Glen Egan <[email address]>
Subject: Internal review of Freedom of Information request - Recording of
sex and or gender of severely learning disabled adults
Dear Hillingdon Borough Council,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of Hillingdon Borough Council's
handling of my FOI request 'Recording of sex and or gender of severely
learning disabled adults'.
You have not responded to my request of 25 August for a copy of the full
capacity assessment form, and any separate questions that are asked as
part of completing the form
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[3]https://gbr01.safelinks.protection.outlo...
Yours faithfully,
Saladin Pallavicini
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Dear FOI,
I received a response from Rukhsana Hussain to my initial enquiry, in which she referred to completing a mental capacity assessment form. I responded by asking for a copy of the form and any associated questions.
Yours sincerely,
Saladin Pallavicini
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Gadawodd Saladin Pallavicini anodiad ()
Failed to respond to internal review. Complaint submitted to ICO 19/6/23