Section 31 of the data protection act 1998

mark davis 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.

Dear Children and Family Court Advisory Support Service,

section 31 of the data protection act 1998 states set out below
and section 153 of the legal services act 2007 also confirms the below act.

Please provide us with all named Service managers and Cafcass officers who are working at Cafcass in the A 12 Region from 2012 and 2013 and 2014 and 2015 Who would be by law registered with the health and care profession council.

We have previously asked for 2 named people and as of yet you have refused to comply with the law. and may be committing a criminal offence in doing so.

Ms Sally Stephens service manager and Ms Nicola Campbell service manager we request there details and current status of employment at Cafcass?

1 Regulatory activity.

(1)Personal data processed for the purposes of discharging functions to which this subsection applies are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of those functions.

(2)Subsection (1) applies to any relevant function which is designed—

(a)for protecting members of the public against—

(i)financial loss due to dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, persons concerned in the provision of banking, insurance, investment or other financial services or in the management of bodies corporate,

(ii)financial loss due to the conduct of discharged or undischarged bankrupts, or

(iii)dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, persons authorised to carry on any profession or other activity,

(b)for protecting charities [F1or community interest companies] against misconduct or mismanagement (whether by trustees [F2, directors] or other persons) in their administration,

(c)for protecting the property of charities [F1or community interest companies] from loss or misapplication,

(d)for the recovery of the property of charities [F1or community interest companies] ,

(e)for securing the health, safety and welfare of persons at work, or

(f)for protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work.

(3)In subsection (2) “relevant function” means—

(a)any function conferred on any person by or under any enactment,

(b)any function of the Crown, a Minister of the Crown or a government department, or

(c)any other function which is of a public nature and is exercised in the public interest.

(4)Personal data processed for the purpose of discharging any function which—

(a)is conferred by or under any enactment on—

(i)the Parliamentary Commissioner for Administration,

(ii)the Commission for Local Administration in England [F3[F4or] , the Commission for Local Administration in Wales]F5. . . ,

(iii)the Health Service Commissioner for England [F6[F7or] , the Health Service Commissioner for Wales]F8. . . ,

[F9(iv)the Public Services Ombudsman for Wales,]

(v)the Assembly Ombudsman for Northern Ireland, F10. . .

(vi)the Northern Ireland Commissioner for Complaints, [F11or]

[F12(vii) the Scottish Public Services Ombudsman, and]

(b)is designed for protecting members of the public against—

(i)maladministration by public bodies,

(ii)failures in services provided by public bodies, or

(iii)a failure of a public body to provide a service which it was a function of the body to provide,

are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.
[F13(4A)Personal data processed for the purpose of discharging any function which is conferred by or under Part XVI of the Financial Services and Markets Act 2000 on the body established by the Financial Services Authority for the purposes of that Part are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of the function.]

[F14(4B)Personal data processed for the purposes of discharging any function of the Legal Services Board are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of the function.]

[F15(4C)Personal data processed for the purposes of the function of considering a complaint under the scheme established under Part 6 of the Legal Services Act 2007 (legal complaints) are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of the function.]

(5)Personal data processed for the purpose of discharging any function which—

(a)is conferred by or under any enactment on the [F16the Office of Fair Trading] , and

(b)is designed—

(i)for protecting members of the public against conduct which may adversely affect their interests by persons carrying on a business,

(ii)for regulating agreements or conduct which have as their object or effect the prevention, restriction or distortion of competition in connection with any commercial activity, or

(iii)for regulating conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in a market,

are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.
[F17(5A)Personal data processed by a CPC enforcer for the purpose of discharging any function conferred on such a body by or under the CPC Regulation are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.

(5B)In subsection (5A)—

(a)“CPC enforcer” has the meaning given to it in section 213(5A) of the Enterprise Act 2002 but does not include the Office of Fair Trading;

(b)“CPC Regulation” has the meaning given to it in section 235A of that Act.]

[F18(6)Personal data processed for the purpose of the function of considering a complaint under section 113(1) or (2) or 114(1) or (3) of the Health and Social Care (Community Health and Standards) Act 2003, or section 24D, 26 F19. . . or 26ZB of the Children Act 1989, are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.]

[F20(7)Personal data processed for the purpose of discharging any function which is conferred by or under Part 3 of the Local Government Act 2000 on—

(a)the monitoring officer of a relevant authority,

(b)F21. . . or

(c)the Public Services Ombudsman for Wales,

are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.
(8)In subsection (7)—

(a)“relevant authority” has the meaning given by section 49(6) of the Local Government Act 2000, and

(b)any reference to the monitoring officer of a relevant authority, or to an ethical standards officer, has the same meaning as in Part 3 of that Act.]

PLEASE REPLY IN FULL WITH THE ABOVE DATA WE REQUEST IN FULL.

Yours faithfully,

mark davis

Governance - Cafcass, Children and Family Court Advisory Support Service

Dear Mr Davis

Thank you for your email. Please accept this as a formal acknowledgement of your Freedom of Information requests received on 23 June 2015.

Your reference number is CAF 15-121.

We aim to respond to you promptly, and at the latest 20 working days from receipt of your request. You will therefore receive a response on or before 20 June 2015.

Kind regards,

Governance Team | Cafcass
G [CAFCASS request email] |  www.cafcass.gov.uk 

dangos adrannau a ddyfynnir

Governance - Cafcass, Children and Family Court Advisory Support Service

1 Atodiad

Dear Mr Davis

Thank you for your email.

Please find attached our response to your Freedom of Information request.

Kind regards,

Governance Team | Cafcass
G [CAFCASS request email] |  www.cafcass.gov.uk 

dangos adrannau a ddyfynnir

Gadawodd mark davis anodiad ()

This information was not available for the past 2 years as Ms Stephens has 2 first names and used her real name on the HCPC not the name of Sally and has now only just changed it to Sally her alias name, this would be in our opinion an act of Fraud. As her real name is not Sally it appears!