BCC - List of schools in Area

Wayne Pearsall made this Freedom of Information request to Birmingham City Council

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Response to this request is long overdue. By law, under all circumstances, Birmingham City Council should have responded by now (details). You can complain by requesting an internal review.

Dear Birmingham City Council,

I would be grateful if you could provide me with a list of all
schools in the LA's area (under your "Control" / falls under your
social services control / etc)

I would appreciate if you could provide the following information
in an excel spreadsheet format, or a CSV (Comma Separated Value)
file.

School name
School Address
School email address (Head teacher)
email address (administrators)
School Telephone number
Head teacher direct line
School website URL
name of registered data controller (I understand this is noted by
the ICO, but I consider that the LA would hold this too?)
Name of chair of governors
LA appointed governor name
Name of governor with specific attendance remit
named member of management team with lead responsibility for
attendance

Should any of the above information prove a concern under S.12
(cost) then please feel free to omit that data... The main
information I would like is:
School Name, Head Teacher Name, Postal Address and Email Address

Yours faithfully,

Wayne Pearsall

Tracey Robinson, Birmingham City Council

Dear Wayne

 

Thank you for your request for information held by the Council under the
provisions of the Freedom of Information Act 2000 which was received on
14.3.16.

 

We will contact you again once it has been ascertained what data is held
by Birmingham City Council.  In some circumstances a fee may be payable
and if that is the case, we will let you know.  A fees notice will be
issued to you, and you will be required to pay before we will proceed with
your request.

 

If you require any further information or are not happy with our response
please do not hesitate to contact me quoting the reference number above in
any future communications.  Steve Cullen should also be copied in on any
correspondence relating to this request.

 

Yours sincerely

Tracey Robinson

Business Continuity and Information Governance Officer

 

 

Sent on behalf of:

Steve Cullen

Information Governance Manager

Governance and Policy

Children, Young People and Families Directorate

Birmingham City Council

 

Tel: 0121 464 4591

Email: [1][email address]

 

Data Protection Act 1998

The information you have provided within your Freedom of Information
request will be held on our database and may also be held within manual
records for a period of 2 years from the date Birmingham City Council
received your request. Any personal data that you provide to Birmingham
City Council will be held in line with the requirements set out within the
Data Protection Act 1998.

 

Re Use of Public Sector Information

Where Birmingham City Council is the copyright holder of any information
that may be released, re-use for personal, educational or non-commercial
purposes is permitted without further reference to the City Council. Where
the re-use is for other purposes, such as commercial re-use, the applicant
should notify the City Council in writing to seek approval or agree terms
for re-use

show quoted sections

References

Visible links
1. mailto:[email address]

CIG Contacts, Birmingham City Council

2 Attachments

Dear Wayne

 

I am writing in respect of your recent enquiry for information held by the
Authority under the provisions of the Freedom of Information Act 2000:

 

I would be grateful if you could provide me with a list of all schools in
the LA's area (under your "Control" / falls under your social services
control / etc.)

    

I would appreciate if you could provide the following information in an
excel spreadsheet format, or a CSV (Comma Separated Value) file.

    

School name

School Address

School email address (Head teacher)

email address (administrators)

School Telephone number

Head teacher direct line

School website URL

name of registered data controller (I understand this is noted by the ICO,
but I consider that the LA would hold this too?)

Name of chair of governors

LA appointed governor name

Name of governor with specific attendance remit

named member of management team with lead responsibility for attendance

    

Should any of the above information prove a concern under S.12 (cost) then
please feel free to omit that data... The main information I would like
is:

School Name, Head Teacher Name, Postal Address and Email Address   

 

Please see response below:

 

[1]http://www.education.gov.uk/edubase/sear...

 

See attached list. We do not hold the information in regards to ‘Name of
governor with specific attendance remit named member of management team
with lead responsibility for attendance’.

 

If you have any information which may assist us in determining or locating
any missed information, we would be grateful if you would contact us with
details of this information, so that we can conduct a further search.

 

If you are not satisfied with the response you may ask for an internal
review.  If subsequently you are not satisfied with the Council's decision
you may apply to the Information Commissioner for a decision.  Generally,
the ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council.  The Information Commissioner can be
contacted at the following address:

 

The Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 01625 545745             Web Address: [2]www.ico.gov.uk

 

Yours sincerely,

Tracey Robinson

Business Continuity and Information Governance Officer

 

 

Sent on behalf of:

Steve Cullen

Information Governance Manager

Governance and Policy Team

Directorate for People

Birmingham City Council

 

Tel: 0121 464 4591

Email: [3][email address]

show quoted sections

References

Visible links
1. http://www.education.gov.uk/edubase/sear...
2. http://www.ico.gov.uk/
3. mailto:[email address]

Dear CIG Contacts,

Tracy, you've provided a link to dfe. I wanna know what bcc hold. S.1(1) means you need to disclose info you hold, not what the dfe holds, so s.21 is not engaged

Yours sincerely,

Wayne Pearsall

CIG Contacts, Birmingham City Council

1 Attachment

Dear Mr Pearsall

Please find attached a copy of the most recent spreadsheet we hold, which was produced yesterday. The data source, as we have already explained, is the Edubase website as we do not compile any separate datasets of this information.

Kind regards,
Steve Cullen
Information Governance Manager
Governance and Policy Team
Directorate for People
Birmingham City Council
PO Box 16568
10 Woodcock Street
Birmingham B7 4BL

Tel: 0121 464 4591
Email: [email address]

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Dear CIG Contacts,

Wait a minute. I just want to be clear on your last statement...

Are you seriously saying that bcc doesn't have any record of which schools fall within its remit? WOW!!!!

Yours sincerely,

Wayne Pearsall

CIG Contacts, Birmingham City Council

Dear Wayne

I think you misunderstand about what falls within our remit - all schools are considered to be "within our remit" in terms of the education and safeguarding of pupil, regardless of whether they are maintained schools, academies, free schools, etc. It is our duty to ensure children and young people are educated and safeguarded and we have a record of all children within the city, where children attend school, and where children are currently without a school place or are home educated.

There is no reason for us to maintain a list of the data you have requested about each school when it is available from the government website which schools have an obligation to ensure is kept up-to-date, particularly in a time of severe budget constraints, when we can easily access the current data we would need about schools from a readily available source.

If what you are actually after is a list of schools that receive their funding via the council rather than direct from central government (i.e. academies, free schools) I am sure we can provide the most recent list we have, although you should be aware that schools are converting to academies throughout the year, not just at the end of term or a school year. Even if provide a list of schools that receive funding via the city council it would not provide the additional data you clearly requested in your original request, and which is contained in both the spreadsheet provided earlier today and in the Edubase website; it would just be a list of schools. The Freedom of Information Act does not require a public authority to create new information to answer a request and, to cross reference council funded schools with the data already provided, would be creating a new dataset that we do not already hold.

Yours sincerely,
Steve Cullen
Information Governance Manager
Governance and Policy Team
Directorate for People
Birmingham City Council
PO Box 16568
10 Woodcock Street
Birmingham B7 4BL

Tel: 0121 464 4591
Email: [email address]

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Dear CIG Contacts,

Steve. As you highlight, you have an obligation to protect young persons...

I don't see how this is possible without storage of some sort of list of education providers.

So thanks for your clarification... It opens up a whole new set of questions...

Do you have some form of contractual agreement with schools for processing term time holiday fines under s.444(1)/(1a) of the Education Act?

Yours sincerely,

Wayne Pearsall

CIG Contacts, Birmingham City Council

Dear Wayne

As I have stated the Edubase database is a full list of education providers. The LA does investigate any unlicensed schools, and these would be the only ones that would not are not on that database.

I will ascertain the process for term time holiday fines from Education colleagues and will advise you once I have their response.

Kind regards,
Steve Cullen
Information Governance Manager
Governance and Policy Team
Directorate for People
Birmingham City Council
PO Box 16568
10 Woodcock Street
Birmingham B7 4BL

Tel: 0121 464 4591
Email: [email address]

show quoted sections

CIG Contacts, Birmingham City Council

Dear Wayne

The Attendance and Court Team have confirmed that we don't have a contract but we have a set process schools have to follow, and they currently have to receive training in order to use it. All applications for penalty notices have to comply with the LA Code of Conduct.

Kind regards,
Steve Cullen
Information Governance Manager
Governance and Policy Team
Directorate for People
Birmingham City Council
PO Box 16568
10 Woodcock Street
Birmingham B7 4BL

Tel: 0121 464 4591
Email: [email address]

show quoted sections

Dear CIG Contacts,

Steve, can you provide the process, code of conduct, and copy of the training material used.

In full.

Also, do your team have anything which defines regular attendance, and any guidance on exceptional circumstances.

Id also like a copy of the information you store regarding religious observance days, which are a statutory defence under s.444

Yours sincerely,

Wayne Pearsall

CIG Contacts, Birmingham City Council

Dear Wayne

Thank you for your further request for information held by the Council under the provisions of the Freedom of Information Act 2000 which we received today.

We will contact you again once it has been ascertained what data is held by Birmingham City Council. In some circumstances a fee may be payable and if that is the case, we will let you know. A fees notice will be issued to you, and you will be required to pay before we will proceed to deal with your request.

If you require any further information or are not happy with our response please do not hesitate to contact me quoting the reference number above in any future communications.

Yours sincerely,
Steve Cullen
Information Governance Manager
Governance and Policy
Directorate for People
Birmingham City Council

Tel: 0121 464 4591
Email: [email address]

show quoted sections

CIG Contacts, Birmingham City Council

3 Attachments

Dear Wayne

 

I am writing in respect of your recent enquiry for information held by the
Authority under the provisions of the Freedom of Information Act 2000:

 

Processing term time holiday fines under s.444(1)/(1a) of the Education
Act:-

 

Can you provide the process, code of conduct, and copy of the training
material used in full.

 

Also, do your team have anything which defines regular attendance, and any
guidance on exceptional circumstances.

 

I’d also like a copy of the information you store regarding religious
observance days, which are a statutory defence under s.444

 

Please see response below:

 

The process is currently being documented and is under review so there is
not currently a document that can be provided to you, but the current code
of conduct is attached to this email.

 

Training is provided by a third party and their training material is
copyright material for which they make a charge, so is not available for
release to you under the terms of the Freedom of Information Act.

 

We have some guidance on exceptional circumstances which is a matter of
public record as it is on the BCC website:

 

[1]http://www.birmingham.gov.uk/school-atte...

 

although I have provided a copy for ease of access, which is also attached
to this email. This guidance is also currently under review.

 

We have no written guidance on regular attendance or on religious
observance as this is a matter of law.  We follow the DfE statutory
guidance which is on the DfE website, but again I have attached a copy for
your convenience.

 

If you are not satisfied with the response you may ask for an internal
review.  If subsequently you are not satisfied with the Council's decision
you may apply to the Information Commissioner for a decision.  Generally,
the ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council.  The Information Commissioner can be
contacted at the following address:

 

The Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 01625 545745             Web Address: [2]www.ico.gov.uk

 

Yours sincerely,

Steve Cullen

Information Governance Manager

Governance and Policy Team

Directorate for People

Birmingham City Council

 

Tel: 0121 464 4591

Email: [3][email address]

 

 

show quoted sections

References

Visible links
1. http://www.birmingham.gov.uk/school-atte...
2. http://www.ico.gov.uk/
3. mailto:[email address]

Fiona Nicholson left an annotation ()

Interesting that guidance on regular attendance (give that truancy prosecutions elsewhere have failed if attendance otherwise over 90%) and on religious observance are both said to be under review at present. The council may never reach a definitive position on either of course.

Wayne Pearsall left an annotation ()

Of course. The councils and schools have come up with some bizarre interpretation of s.444(3)(c) to day even if your religious body sets the day as religious observance, they still have to authorise the leave.

Bad luck for "those of us" who are part of the Irish Catholic Church in which St patricks day is a religious observance day, because schools contact the UK Catholic Church where it alledgedly isn't set apart... the untold stress this causes, and I feel discrimination against a particular religion.

Dear CIG Contacts,

Steve,

'The process is currently being documented and is under review so there is
not currently a document that can be provided to you'

Your responses are kind of... Vague.

Are you saying your department has no currently active instructions etc relating to s.444(3)(c). This would obviously mean you have failed in your public service equality duty...

If you hold old documents etc, then please provide the old, in service documents. If you update them, then as a matter of courtesy forward them when updated.

It is interesting that these policies are being updated at present, when there is a test case in high court (IW v Jon Platt).

Seams a waste of tax payer money to update guidance when a complete rewrite will be needed in a few weeks.

Yours sincerely,

Wayne Pearsall

Wayne Pearsall left an annotation ()

https://www.whatdotheyknow.com/request/t...
I want that training material. ... And I'll get it.

CIG Contacts, Birmingham City Council

2 Attachments

Dear Mr Pearsall

The update is unrelated to the court case you mention; it is more about offering a process to schools that is easier to use and understand than the current version as it was written some time ago by someone who has since left the organisation.

Our focus in Birmingham is not leave in term time but vulnerable children regularly missing school.

The previously used timeline and the leave in term time letter to parents are attached.

Yours sincerely,
Steve Cullen
Information Governance Manager
Governance and Policy Team
Directorate for People
Birmingham City Council
PO Box 16568
10 Woodcock Street
Birmingham B7 4BL

Tel: 0121 464 4591
Email: [email address]

show quoted sections

Dear CIG Contacts,

Steve, thanks for that confirmation.

I take it that the official stance of Birmingham city council is, in that case, in line with the case of LBC BROMLEY V C (2006), in which it was established that a holiday in itself cannot be taken to mean a child has failed to attend regularly.

Obviously, as a parent, I do take the importance of regular attendance seriously for my kids. Where they are required to be absent from school I ensure their education does not suffer. Obviously, I am aware that not all parents consider the importance of education upon their children etc.

Many thanks for your clarification.

Wayne Pearsall

Yours sincerely,

Wayne Pearsall

CIG Contacts, Birmingham City Council

Dear Sirs

 

Thank you for your request for information held by the Council under the
provisions of the Freedom of Information Act 2000 which was received on
10.4.16

 

We will contact you again once it has been ascertained what data is held
by Birmingham City Council.  In some circumstances a fee may be payable
and if that is the case, we will let you know.  A fees notice will be
issued to you, and you will be required to pay before we will proceed with
your request.

 

If you require any further information or are not happy with our response
please do not hesitate to contact me quoting the reference number above in
any future communications.  [email address] should also be
copied in on any correspondence relating to this request.

 

Yours sincerely

Tracey Robinson

Business Continuity and Information Governance Officer

 

 

Sent on behalf of:

Steve Cullen

Information Governance Manager

Governance and Policy

Children, Young People and Families Directorate

Birmingham City Council

 

Tel: 0121 464 4591

Email: [1][email address]

 

Data Protection Act 1998

The information you have provided within your Freedom of Information
request will be held on our database and may also be held within manual
records for a period of 2 years from the date Birmingham City Council
received your request. Any personal data that you provide to Birmingham
City Council will be held in line with the requirements set out within the
Data Protection Act 1998.

 

Re Use of Public Sector Information

Where Birmingham City Council is the copyright holder of any information
that may be released, re-use for personal, educational or non-commercial
purposes is permitted without further reference to the City Council. Where
the re-use is for other purposes, such as commercial re-use, the applicant
should notify the City Council in writing to seek approval or agree terms
for re-use

show quoted sections

References

Visible links
1. mailto:[email address]

CIG Contacts, Birmingham City Council

Dear Sirs

 

Thank you for your request for information held by the Council under the
provisions of the Freedom of Information Act 2000 which was received on
12.4.16

 

We will contact you again once it has been ascertained what data is held
by Birmingham City Council.  In some circumstances a fee may be payable
and if that is the case, we will let you know.  A fees notice will be
issued to you, and you will be required to pay before we will proceed with
your request.

 

If you require any further information or are not happy with our response
please do not hesitate to contact me quoting the reference number above in
any future communications.  [email address] should also be
copied in on any correspondence relating to this request.

 

Yours sincerely

Tracey Robinson

Business Continuity and Information Governance Officer

 

 

Sent on behalf of:

Steve Cullen

Information Governance Manager

Governance and Policy

Children, Young People and Families Directorate

Birmingham City Council

 

Tel: 0121 464 4591

Email: [1][email address]

 

Data Protection Act 1998

The information you have provided within your Freedom of Information
request will be held on our database and may also be held within manual
records for a period of 2 years from the date Birmingham City Council
received your request. Any personal data that you provide to Birmingham
City Council will be held in line with the requirements set out within the
Data Protection Act 1998.

 

Re Use of Public Sector Information

Where Birmingham City Council is the copyright holder of any information
that may be released, re-use for personal, educational or non-commercial
purposes is permitted without further reference to the City Council. Where
the re-use is for other purposes, such as commercial re-use, the applicant
should notify the City Council in writing to seek approval or agree terms
for re-use

show quoted sections

References

Visible links
1. mailto:[email address]

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