ACE Intervention - Statutory Service Referral's ETC

Waiting for an internal review by Warwickshire County Council of their handling of this request.

Dear Warwickshire County Council,

I believe that this matter would be best served by being forwarded to The ACE Team Manager < niciscottmoylan @warwickshire.gov.uk >. (FYI: I've published this email address online as obviously this is a clearly public interest email, given the subject field :) )

Please provide the following information:

All schools must sign an ACE MOU (Memorandum of Understanding). Can you please provide a full unredacted copy of the MOU signed by Newbold and Tredington CofE Primary School. I note that the Head is Sam Welsby. Can you confirm whether or not the person who signed said document was Sam Welsby, if not, please state the name and position of the signatory.
(I will accept the redaction of the signature (Personal Data), should you feel it necessary, but as all school employee names are published on the school website, there is no reason to apply S.40 to any names within the school).

The extract from the MOU on the 'Request for ACE Intervention' form provided by yourself clearly states the following:
'Additionally, the child being referred to the ACE must have attendance running at 85% or below in the 6 weeks preceding referral.' (underlined and in bold).

I have seen a copy of your referral form. The school provided said to myself. Said referral form asks for quite a lot of information, including:

Parent / carer details
- title
- first name
- last name
- relationship to child
- address
- post code
- contact no
- date of birth
- parental responsibility
- parental influence
(it asks for parent/carer 1 and 2).

It also asks:
Other members of the Household(s):
-Title
-Last name
-Forename
-Date of Birth
-Relationship to child
-School (if applicable)
-Parental responsibility / influence

So, my real question here is: Given that the first data protection act principle states data needs to be processed FAIRLY and LAWFULLY... Can you please provide the information you should certainly store, which outlines why each piece of this information is required for disclosure.

How can your department consider that it has legal or lawful authority to store information relating to siblings of a referred child, or even the DOB of parents. Surely your department holds information which will outline this.

Can you please provide me with any internal guidance you store, which outlines the procedures which should be followed when a school refers a child to the ACE.

Can you please provide me with a copy of your internal guidance, which details the destruction of personal information in line with S.10 of the DPA 1998.

--- These questions below may fall to BAU (Business as usual)---
When a school refers a child and the attendance is above the 85% stated (on the first page of the form) what action should be taken?

When a school refers a child, when the only absence is illness (S.444(3)(b) Education Act 1996), what action should be taken?

When a school refers a child, prior to a holiday being taken - where no 'statutory offence' has occurred, what action should be taken?

Should you feel any of my questions above fall out of the remit of the FOIA, in accordance with S.16 of the FOIA (Advice / Assistance) I would be grateful for you to treat the request as Business As Usual and respond to the questions posed, in a normal manner, in addition to confirming whether or not you hold information which will answer the questions (S.1(1) FOIA).

Many Thanks

Yours faithfully,

Wayne Pearsall

Jonathan Sheward,

 
Information request
Our reference: 1247528

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Dear Mr Pearsall
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 11
February 2016.
 
We are dealing with your request under the Freedom of Information Act
2000and we aim to send a response by 10 March 2016.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Freedom of Information Act 2000may restrict the release of some or all
of the information you have requested. We will carry out an assessment and
if any exemptionsapply to some or all of the information then we might not
provide that information to you. We will inform you if this is the case
and advise you of your rights to request an internal review and to
complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
Yours sincerely
 
 
Jonathan Sheward
Information Rights Officer
Warwickshire County Council
Information Management
Tel: 01926 418633
Email: [email address]

 
NOTE: Please do not edit the subject line when replying to this email.

Jonathan Sheward,

 
Information request
Our reference: 1247528

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

 
Dear Mr Pearsall,
 
Freedom of Information Act 2000
 
Your request for information, received on 11th February 2016 and
concerning the ACE MOU (Memorandum of Understanding) signed by Newbold and
Tredington CofE Primary School, has been receiving consideration by
Warwickshire County Council. However I am writing to advise that I will be
unable to provide you with a response to your request today10 March 2016.

However I am hoping to be able to provide the council's response to your
request tomorrow, Friday 11 March 2016.  

Please accept my apologies for this delay and for any inconvenience
caused.

If you have any queries or should you wish to make a complaint about the
manner in which your request is being dealt with then please do not
hesitate to contact me at the above address in the first instance. Any
complaints will be dealt with under the Council’s internal review
procedure.

Further information about your rights under the Freedom of Information
Act, is available from the Information Commissioner’s Office (0303 123
1113) or www.ico.org.uk and on the County Council’s website.

  

Yours sincerely
 
 
Jonathan Sheward
Information Rights Officer
Warwickshire County Council
Information Management
Tel: 01926 418633
Email: [email address]

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Jonathan Sheward,

reference: 1247528

Is there a specific reason response to my request is late?

Yours sincerely,

Wayne Pearsall

Louise Church,

4 Attachments

 
Information request
Our reference: 1247528

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Dear Mr Pearsall
 
Thank you for your request for information received on 11 February 2016.
 
Please find attached our response to your request and accept my apologies
for the delay email, we wanted to ensure we had a complete response to
your request hence the potential delay.

Please do not hesitate to contact me to discuss any aspect of this request
further.
 
Yours sincerely
 
 
Louise Church
Information Governance Officer
Warwickshire County Council
Resources
Tel: 01926 412125
Email: [email address]

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Louise Church,

As you'll no doubt be aware, (you've read my sar) I am also awaiting the process map of when my name was referred to ace illegally.

You have also neglected to respond Re siblings. And as you'll no doubt be aware, there is definitely a case that this is not compliant with the DPA.

Are you saying that Newbold had no signed contract with ACE?

Can you also confirm why you said the response wouldn't be provided till tomorrow, but was mysteriously sent today when I queried this.

Please review your response and confirm /deny of each piece of information is held.

Yours sincerely,

Wayne Pearsall

Louise Church,

Dear Mr Pearsall,

Are you happy for me to go for clarification or would you prefer to go for
internal review?

Kindest regards

Louise
?
Louise Sarah Church AMBCS
 
Information Governance Officer 
Resources, Information Assets 
Warwickshire County Council Information Management Shire Hall, Warwick
CV34 4RL
 
[1][email address] - [2][email address
Tel: 01926 412125
 
Website [3]www.warwickshire.gov.uk

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.warwickshire.gov.uk/

Dear Louise Church,

I know why the request was put on hold... Given my 174 FOI requests to your Las schools. The time stamps on the files make it clear that the response was already prepared for sending. Makes one wonder why such an innocent request for the registered data controller of a school and a copy of their race and Equality Impact assessments could make you feel justified to move my request to a bank burner and be prepared to breach s10(1).

So... In the internal review. Please please please provide a copy of all meta data (internal communications, request logs and anything else) relating to my request.

Thanks

Yours sincerely,

Wayne Pearsall

Louise Church,

 
Information request
Our reference: 1247528

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

 
Dear Mr Pearsall
 
Thank you for your request for a review received on 11 March 2016. I am
sorry that you are dissatisfied with our attempts to handle your request
under the Freedom of Information Act 2000
 
I can confirm that we are considering your concerns and we will aim to
provide you with a response by 12 April 2016.
 
Yours sincerely
 
 
Louise Church
Information Governance Officer
Warwickshire County Council
Resources
Tel: 01926 412125
Email: [email address]

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Louise Church,

As dating of legal correspondence is important, please ensure that you understand my request for review was received by WCC on 10.3.16. :) It doesn't matter if you only read it today, it was received on the date your email servers received my email.

Yours sincerely,

Wayne Pearsall

Meena Lekhi,

 
Information request
Our reference: 1247528

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 Dear Mr Pearsall,

I write further to recent correspondence regarding your request for an
internal review.

To clarify, the time for compliance starts the day following receipt of a
request.
 
Your request for a review was received on 10 March 2016 and so the clock
for compliance started on 12 March 2016.  As previously mentioned your
request is under consideration. 

Ordinarily the Council aims to complete internal reviews within 20 working
days but in some cases we may need to extend to 40 working days.  The
deadline in this instance has been extended and we will aim to provide you
with a response on or before 11 May 2016.

Yours sincerely

Louise Church
On behalf of Warwickshire Legal Services
Information Governance Officer
Warwickshire County Council
Resources
Tel: 01926 412125
Email: [email address]

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Meena Lekhi,

You will notice that on the 11/3/16 I sent a request under the FOIa for s copy of meta data... Has this deadline passed yet... Wheres my information...

Yours sincerely,

Wayne Pearsall

Dear Warwickshire County Council,

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

I am writing to request an internal review of Warwickshire County Council's handling of my FOI request 'ACE Intervention - Statutory Service Referral's ETC'.

I requested a full copy of the meta data relating to my request. The council will no doubt be aware of the legal status of meta requests being perfectly legal under the FOIA. Please perform your legal obligations and provide the information you are legally obliged to provide.

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

Yours faithfully,

Wayne Pearsall

1 Attachment

Dear Mr Pearsall,

Please find attached the internal review outcome in this matter.

Kind regards,

Meena Lekhi
Solicitor
Corporate & Commercial Team
Warwickshire Legal Services
Warwickshire County Council

Dear Warwickshire County Council,

1411528

where's the meta data?

Yours sincerely,

Wayne Pearsall

Dear Warwickshire County Council,

1247528

On the 11.3.16 I sent the following:

So... In the internal review. Please please please provide a copy of all meta data (internal communications, request logs and anything else) relating to my request.

This was clearly in relation to the request, in which you have just concluded your internal review.

You refer to my request under 1411528, via private correspondence (my personal email, and not the WDTK website) which was infact a different request in which I asked:
--
This is a new request that revolves around the fact that I sent a freedom of
information request to all 174 schools which [fall] within Warwickshire County Council
remit and from what I can see the Council illegally created the template response for
schools 2 respond to my request with
Meta data relating to my FOI request to 174 wcc schools
I sent a foi request to 174 schools under wcc.
Term time holiday and data protection registration.
Please supply all meta data created relating to this request.
This includes all internal communication, all external communication. All case files. All
information.
---
and you responded:
----
The Council does not hold any metadata relating to the FOI that you submitted to
Warwickshire schools.
In so far as any communications with regard to the above request are concerned, while
we hold this information, we are unable to disclose it. This is because the information is
exempt under section 42(1) of the Act i.e. legal professional privilege. The exemption
applies because the information requested comprises of confidential communications
between the Council’s legal advisers and Warwickshire schools made for the purposes
of seeking and giving legal advice.
This is a qualified exemption which requires us to consider whether the public interest in
maintaining the exemption outweighs the public interest in disclosure.
We recognise that there is a public interest in the Council being open and transparent in
its actions and decisions however, there is a strong public interest in safeguarding the
confidentiality of communications between the Council’s Legal Service and its clients in
order to ensure full and frank access to legal advice, which is fundamental to the
concept of legal professional privilege.
On balance, and in all the circumstances we consider that the public interest favours
withholding this information.
---

You will clearly note that this is a request which is separate to the request in which I have asked for substantial information revolving around two unlawful referrals of myself for a criminal conviction under S.444 EA96 by Mrs Samantha Welsby - The first being when I was EHE my child - something that Welsby clearly note's in her email to Julie Doran in her unlawful referal, and the second when I took three days absence in March/April in line with my religious belief system, which should of been recorded on the school register as R - Religious Observance, in line with DfE Guidelines - The third of such dates being unavoidable considering that KLM crashed the aircraft in Amsterdam, that we we're due to return to the UK on on the Sunday rd April, so our delayed return to the UK was clearly unavoidable to ensure that my child could of attended on the April 4th in any event - which she was not available to do any way, in line with my religious belief as we had a religious celebration. I do appreciate that the LEA has sent me official confirmation that it would not pursue a prosecution on the second case, but that in itself established damages for the unlawful, unfair processing of my personal information by a registered data controller. (And you'ld of obviously understood that any attempted conviction would of been discriminatory in any event).

Again, as I highlighted numerous times to your body:
The school were processing data unlawfully - It had not registered with the ICO which was a legal requirement - which therefore rendered all processing of personal information as unlawful.

I am well aware that Susan Kirk sent the 174 schools an advisory memo stating to acknowledge the request - this was not legal advice, and therefore on 1411528 should of been disclosed.

Under my current request, all other information should of also been disclosed. - You obviously have my personal email address if you feel that releasing personal information of myself onto WDTK would breach the DPA (it would ;) ) and is contained within internal communication which you are legally obliged to disclose in relation to all information held in relation to the request 1247528.

Obviously, Louise Church is also processing multiple SAR's which should of also included all of the meta data yet ironically failed to do so...

Yours sincerely,

Wayne Pearsall

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