Transport to SEND placements

Paul David Mitchell made this Rhyddid Gwybodaeth request to Achieving for Children

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.

Paul David Mitchell

Dear Achieving for Children,

Can you please provide me with the following information for the present academic year;

1. How many children do Kingston LA send to Linden Bridge School, Worcester Park, and what is the overall cost to the LA in terms of transport?

2. How many children do Kingston LA send to St Dominic's School, Godalming, and what is the overall cost to the LA in terms of transport?

Many thanks,
Yours faithfully,
Mr Mitchell.

AfC Freedom of Information and Subject Access Requests, Achieving for Children

Dear Mr Mitchell,
Thank for you contacting the FOI Team at Achieving for Children. Your
request is now being processed.
We will endeavour to respond to your request within 20 working days as
defined by the FOI Act 2000.
Yours sincerely,
Chantelle Elliott
Information Governance Support Officer
Business Services and Transformation
Phone: [1]020 8891 7250      
Email: [2][email address]
Achieving for Children
42 York Street, Twickenham, TW1 3BW
Providing Children’s Services for Kingston and Richmond

[3]http://www.achievingforchildren.org.uk/

References

Visible links
1. file:///tmp/tel:020%208891%207250
2. mailto:[email address]
3. http://www.achievingforchildren.org.uk/

AfC Freedom of Information and Subject Access Requests, Achieving for Children

Dear Mr Mitchell,
Your Freedom of Information request has been considered.
Your Request
Can you please provide me with the following information for the present
academic year;
1. How many children do Kingston LA send to Linden Bridge School,
Worcester Park, and what is the overall cost to the LA in terms of
transport?
2. How many children do Kingston LA send to St Dominic's School,
Godalming, and what is the overall cost to the LA in terms of transport?
Response

 1. Less than five.
 2. Less than five.

Yours sincerely,
Chantelle Elliott
Information Governance Support Officer
Business Services and Transformation
Phone: 020 8891 7250      
Email: [1][email address]
Achieving for Children
42 York Street, Twickenham, TW1 3BW
Providing Children’s Services for Kingston and Richmond

[2]http://www.achievingforchildren.org.uk/

References

Visible links
1. mailto:[email address]
2. http://www.achievingforchildren.org.uk/

Dear AfC Freedom of Information and Subject Access Requests,

It would be much more helpful and transparent if you answered the questions in full.

Yours sincerely,

Paul David Mitchell

AfC Freedom of Information and Subject Access Requests, Achieving for Children

Dear Mr Mitchell,
Please note that Achieving for Children in it's consideration of the
provisions of the Freedom of Information Act and Data Protection Act,
considers that giving numbers of individuals for responses where the
number is less than 5 could lead to the identity of the individuals and
would, therefore, constitute personal data.

FOI Act Section 40(2): Personal Information

 

Specifically in terms of the provisions of the Freedom of Information Act
2000 this information is exempt under Section 40(2) as “personal data
other than that of the requestor”

 

The definition of personal data is set out in Section 1 of the Data
Protection Act 1998 and provides:

 

“Personal data” means data which relates to a living individual who can be
identified—

 

(a) from those data, or

(b) from those data and other information which is in the possession of,
or is likely to come into the possession of, the data controller,

and includes any expression of opinion about the individual and any
indication of the intentions of the data controller or any other person in
respect of the individual;

 

Achieving for Children has applied the reasoning in the following
Information Commissioner Decision FS50543792

 

Paragraphs 15 &16:

 

15. The Commissioner has considered the information and the number of
individuals involved and has concluded that if the Council were to
disclose the exact number in each category, particularly if the numbers
for any were one, it could be possible to identify the individuals
concerned. By aggregating the information the Council has minimised the
possibility of identification.

16. The Commissioner does however note that the chances of any member of
the public being able to cross-reference this information to identify
specific individuals is not high but given the low numbers involved there
is a risk that specific individuals could be identified by a person with
knowledge of special educational needs and appeals in the area. The
Council has stated that the complainant in this case is an individual who
has knowledge of this. In addition, the Commissioner recognises that other
individuals, such as parents at schools or Council employees may be able
to identify individuals. Therefore, on the balance of probabilities, the
Commissioner accepts the information is personal data.

 

Similarly, we consider a determined individual with other knowledge of
this matter may be able to use the specific figure to attempt to identify
the individuals involved. We therefore consider that this information
constitutes personal data.

 

We have now considered whether disclosure would breach any of the
principles of the Data Protection Act.

 

Such information should only be processed for specified, lawful and
compatible purposes and I do not consider this to be a compatible purpose
[Principle 2].

 

Furthermore such information should be processed in accordance with the
rights of the data subjects who would have a legitimate expectation that
the information would not be disclosed to members of the public [Principle
6].

 

I consider that the disclosure of this information to members of the
public could cause damage or distress to the data subjects. I have given
regard to condition 6 of Schedule of 2 of the DPA which provides:

 

6 (1) the processing is necessary for the purposes of legitimate interests
pursued by the data controller or by the third party or parties to whom
the data are disclosed, except where the processing is unwarranted in any
particular case by reason of prejudice to the rights and freedoms or
legitimate interests of the data subject.

 

In reaching a view I have taken account of the individual’s reasonable
expectations of what would happen to their personal data, whether
disclosure would be incompatible with the purposes for which it was
obtained and whether disclosure would cause any unnecessary or unjustified
damage to the individual.

 

In this instance the data subjects would not have any reasonable
expectation that the details would be made public.

 

I have concluded that it is neither in accordance with the Data Protection
Act 1998 principles nor in the public interest to release this specific
data.

 

In accordance with the Freedom of Information Act 2000 this email acts as
a Refusal Notice.

You have the right of appeal against our policy. If you wish to appeal
please set out in writing your grounds of appeal and send to:

 

Associate Director of Strategy and Transformation

2^nd Floor

42 York Street

Twickenham

TW1 3BZ

 

E-mail: [1][email address]

 

If you are dissatisfied with the outcome of the internal appeal you may
appeal further to the Information Commissioner’s Office at:

 

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

[2]www.ico.org.uk

 

 

Kind regards,
Chantelle Elliott
Information Governance Support Officer
Business Services and Transformation
Phone: 020 8891 7250      
Email: [3][email address]
Achieving for Children
42 York Street, Twickenham, TW1 3BW
Providing Children’s Services for Kingston and Richmond

[4]http://www.achievingforchildren.org.uk/

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