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Care costs and deliberate deprivation of assets

Joe Tomlinson made this Freedom of Information request to Hertfordshire County Council

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Dear Hertfordshire County Council,

I am interested in the how you are using deprivation of assets powers (as provided in Regulation 22(1) of the Care and Support (Charging and Assessment of Resources) Regulations 2014) in relation to financial assessments for care costs. Please provide responses to all of the following questions. If that is not possible within the limits of the Freedom of Information Act 2000 or because you do not hold the specific data requested, then please still provide all possible answers.

(1) For each of the last five years, how many financial assessments have you undertaken in relation to care costs?

(2) For each of the last five years, what is the average time taken to conclude financial assessments?

(3) For each of the last five years, in how many financial assessments did you conclude there had been a deliberate deprivation of assets?

(4) For each of the last five years, what is the overall sum you have recovered through identifying deliberately deprived assets?

(5) Do all of your communicated decisions regarding financial assessments inform the applicant of: (a) any right of appeal or review; and (b) their right to contact the Local Government Ombudsman?

(6) For each of the last five years, how many appeals have there been from financial assessment decisions?

(7) Please can you provide any internal training materials used which relate to deliberate deprivation of assets?

Best wishes,

Joe

Information Governance, Hertfordshire County Council

3 Attachments

Dear Mr Tomlinson,

 

Reference number: FOI/ACS/01/20/18641

 

Thank you for your correspondence of the 3rd January 2020 requesting the
following information:

 

I am interested in the how you are using deprivation of assets powers (as
provided in Regulation 22(1) of the Care and Support (Charging and
Assessment of Resources) Regulations 2014) in relation to financial
assessments for care costs. Please provide responses to all of the
following questions. If that is not possible within the limits of the
Freedom of Information Act 2000 or because you do not hold the specific
data requested, then please still provide all possible answers.

 

(1) For each of the last five years, how many financial assessments have
you undertaken in relation to care costs?

 

(2) For each of the last five years, what is the average time taken to
conclude financial assessments?

 

(3) For each of the last five years, in how many financial assessments did
you conclude there had been a deliberate deprivation of assets?

 

(4) For each of the last five years, what is the overall sum you have
recovered through identifying deliberately deprived assets?

 

(5) Do all of your communicated decisions regarding financial assessments
inform the applicant of: (a) any right of appeal or review; and (b) their
right to contact the Local Government Ombudsman?

 

(6) For each of the last five years, how many appeals have there been from
financial assessment decisions?

 

(7) Please can you provide any internal training materials used which
relate to deliberate deprivation of assets?

 

Your request for information is being considered under the Freedom of
Information Act 2000. We will respond to your request as quickly as
possible, and by close of 31st January 2020 at the latest.

 

If you have any questions, please do not hesitate to contact me, quoting
the reference number above.

               

Yours sincerely,

 

Michael Warby

Information Access Manager

Information Access Team

Hertfordshire County Council

Room 216a

Postal Point CHN 320

County Hall,

Hertford, SG13 8DQ

01992 555848 (25848) 

Email: [1][Hertfordshire County Council request email]

 

The Information Access Team supports Hertfordshire County Council's
Freedom of Information and Environmental Information Regulations activity.

Hertfordshire - County of Opportunity

Follow us online:

[2]herts-county-council logo  [3]twitter icon  [4]facebook icon

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of Hertfordshire County Council unless explicitly stated. Please be aware
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ensure compliance with council policies or procedures or regulatory
obligations, to prevent or deter crime, or for the purposes of essential
maintenance or support of the email system.

References

Visible links
1. mailto:[Hertfordshire County Council request email]
2. http://www.hertfordshire.gov.uk/
3. http://twitter.com/hertscc
4. https://www.facebook.com/hertscountycoun...

Information Governance, Hertfordshire County Council

3 Attachments

Dear Mr Tomlinson,

 

Reference number: FOI/ACS/01/20/18641

 

On 3^rd January 2020 Hertfordshire County Council received the following
request for information from you:

 

I am interested in the how you are using deprivation of assets powers (as
provided in Regulation 22(1) of the Care and Support (Charging and
Assessment of Resources) Regulations 2014) in relation to financial
assessments for care costs. Please provide responses to all of the
following questions. If that is not possible within the limits of the
Freedom of Information Act 2000 or because you do not hold the specific
data requested, then please still provide all possible answers.

 

(1) For each of the last five years, how many financial assessments have
you undertaken in relation to care costs?

 

(2) For each of the last five years, what is the average time taken to
conclude financial assessments?

 

(3) For each of the last five years, in how many financial assessments did
you conclude there had been a deliberate deprivation of assets?

 

(4) For each of the last five years, what is the overall sum you have
recovered through identifying deliberately deprived assets?

 

(5) Do all of your communicated decisions regarding financial assessments
inform the applicant of: (a) any right of appeal or review; and (b) their
right to contact the Local Government Ombudsman?

 

(6) For each of the last five years, how many appeals have there been from
financial assessment decisions?

 

(7) Please can you provide any internal training materials used which
relate to deliberate deprivation of assets?

 

Your request has now been considered and we are unable to provide you with
the information you have requested. As to provide the information in
response to question 3 would require a search of records held by the
relevant sections of the County Council, which we estimate to be 247,992
files at an equated time of 1 minute per search, which equals over 344 of
hours  of work and would equate to over the allotted time limit allowed by
the Act. 

 

Under Section 12 of the Act, the Council is not obliged to comply with a
request for information if the authority estimates that the costs of
complying with the request would exceed the appropriate limit.

 

The Freedom of Information and Data Protection (Appropriate Limit and
Fees) Regulations 2004 has set the appropriate limit as £450 based on a
charge at £25 per hour.

 

The estimated time likely to be spent by the Council on the request and
costs are as follows:

 

Determining whether the Council hold the information:

 

Searching the manual and electronic records of the Council to determine
whether the information is held. 

 

Time: 86 hours

 

Locating the information or documents containing the information:

 

Time: 86 hours

 

Retrieving such information or documents:

 

Retrieving all manual and electronic information held in the Council
relating to your request including archived correspondence files and
electronic records

 

Time: 86 hours

 

Extracting the information from documents and files containing it
(excluding editing or redacting information):

 

Time: 86 hours

 

Total time =  344 Hours

Total cost to the County council to comply with this request  = £8,600

 

You may wish to narrow and resubmit without your original third question
so that it may fall within the “appropriate limit”. 

 

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

 

If you have any questions, please do not hesitate to contact me, quoting
the reference number on this correspondence. To find out more about
Freedom of Information, please visit [1]www.hertsdirect.org/foi

 

If you are unhappy with the way the County Council has handled your
request for information you may request an internal review of the request.
This will be carried out by a member of the County Council Legal Services
Team, who has had no prior involvement with the request. Requests for an
internal review should be sent to the Information Governance Unit at the
address above.

 

If you are unhappy with the outcome of the internal review you are
entitled to ask the Information Commissioner to investigate your
complaint. You should write to: FOI/EIR Complaints Resolution, Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

 

Yours sincerely,

 

Michael Warby

Information Access Manager

Information Access Team

Hertfordshire County Council

Room 216a

Postal Point CHN 320

County Hall,

Hertford, SG13 8DQ

01992 555848 (25848) 

Email: [2][Hertfordshire County Council request email]

 

The Information Access Team supports Hertfordshire County Council's
Freedom of Information and Environmental Information Regulations activity.

Hertfordshire - County of Opportunity

Follow us online:

[3]herts-county-council logo  [4]twitter icon  [5]facebook icon

****Disclaimer****

The information in this message should be regarded as confidential and is
intended for the addressee only unless explicitly stated. If you have
received this message in error it must be deleted and the sender notified.
The views expressed in this message are personal and not necessarily those
of Hertfordshire County Council unless explicitly stated. Please be aware
that emails sent to or received from Hertfordshire County Council may be
intercepted and read by the council. Interception will only occur to
ensure compliance with council policies or procedures or regulatory
obligations, to prevent or deter crime, or for the purposes of essential
maintenance or support of the email system.

References

Visible links
1. http://www.hertsdirect.org/foi
2. mailto:[Hertfordshire County Council request email]
3. http://www.hertfordshire.gov.uk/
4. http://twitter.com/hertscc
5. https://www.facebook.com/hertscountycoun...

We don't know whether the most recent response to this request contains information or not – if you are Joe Tomlinson please sign in and let everyone know.