Children Fostered from 'other County's /Boroughs' by Kent SS

K.Y made this Freedom of Information request to Kent County Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

Response to this request is long overdue. By law, under all circumstances, Kent County Council should have responded by now (details). The person who made the request can complain by requesting an internal review.

Dear Kent County Council,

Dear Kent County Council,

Please could you tell me the following:

1 how many children you have fostered within the Whole of Kent from other Boroughs?

2. How many of those children have gone missing whilst in the Care of Kent Authority?

3. What is the correct procedure (and how do Kent SS follow this procedure?) when a child is missing whilst in YOUR care on behalf of another County (or London Borough)?

4. Is a Social Worker appointed WITHIN KENT SS Department for children who are, placed in your care - even if they have come from another County or London Borough?

5. Is the Social Worker obligated and does that S W have a DUTY OF CARE to the child/ren from other Boroughs?

6. If this is the case, Does the SW from Kent visit the children and carry out Care Plans for the Court?

7. If a Care Plan is undertaken by Kent SS Department - does it include the Parents in the Planning process?

8. If it does NOT include the Parents in the planning process, why?

9. Do parents of children (who are originally from out of Kent SSD area) have a right to the following:

a) be included in the decision process? (if this is 'yes' - how are they included?)

b) are Parents kept informed by Kent SSD? (If not, why not? and if 'yes' How?)

10. Are parents (where there IS NO CARE ORDER) entitled to receive school photographs / Reports of their children IF THERE IS NO CARE ORDER in place? If No, WHY NOT? If yes, how do you ensure this is carried out (for example, does the CHILDREN AND FAMILIES TEAM WITHIN YOUR County Send same to the BOROUGH / TOWN from where the children were originally to forward onto parent/s?)

11. Are parents entitled to be invited to various school functions such as plays / parents evenings? If not, why not? If yes - how do you ensure this information is relayed to the family?

12. IF a child does not attend school, do Kent SS notify the Borough / County where the children came from AND/OR the parents? If Kent SS only notify the Borough / County where the children were placed, it is an expectation that the original Borough notify the parents?

13. What are the complaints procedures for Kent SS if a child alleges to have been sexually molested by a Kent Foster Carer (or a relation to the foster carer)?

14. Is it the Duty of KENT SS to investigate allegations or the original Local Authority's duty of care to investigate?

15. If it is Kent SS duty of care to children to investigate - are the parents notified of allegations and in which form does this notification take place? (in line with Kent SS Policy/ Procedures on Allegations of Abuse).

Yours faithfully,
Kay Young

Kent County Council

Dear Ms Young

Thank you for your email below.

Kent County Council acknowledges your request for information under the
Freedom of Information Act 2000. Assuming KCC holds this information, we
will endeavour to supply the data to you as soon as possible but no later
than 2nd September 2011 (20 working days from date of receipt).

We will advise you as soon as possible if we do not hold this information
or if there are exemptions to be considered and/or any costs for providing
the information. Please quote our reference - FOI/11/1126 - in any
communication regarding this particular request.

Best regards

Laura Crawford
Access to Information Officer
Information Resilience & Transparency Team
Business Strategy & Support, Governance & Law
Kent County Council, Room 2.71, Sessions House, County Road, Maidstone,
ME14 1XQ.
Telephone: 01622 694261, Internal: 7000 4261, Fax: 01622 696075
[1]http://www.kent.gov.uk/your_council/cont...

show quoted sections

K.Y left an annotation ()

Dear Freedom of Information

I would like to remind you there are only two days left to meet the deadline, which you have a duty to adhere to.

Thank you.
Kay Young
B.A & B.Sc (Hons) OPEN

Dear Kent County Council,

You are now 3 days over due from the date you have a statutory duty to report back on the request. Please advise me when you intend to reply and if you do not intend to reply, please advise the next stage for me to submit a complaint. Thank you.

Yours faithfully,

Kay Young

Dear Kent County Council,

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

I am writing to request an internal review of Kent County Council's handling of my FOI request 'Children Fostered from 'other County's /Boroughs' by Kent SS'.

The request I made is over the time limit as stipulated by the Government. I would, therefore, request an internal review. Thank you.

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

Yours faithfully,
Kay Young
B.A & B.Sc (Hons) OPEN

Dear Kent County Council,

You are now FIVE days over the stipulated 20 day period which is set out by the Government for you to reply to my FOI request.

Yours faithfully,

Kay Young
B.A & B.Sc (Hons) OPEN

Kent County Council

1 Attachment

Dear Ms Young

Thank you for your request for information and also for your recent email
reminders and your complaint, requesting that we complete an internal
review with regard to the handling of your request. Please accept my
sincere apologies for the slight delay in responding to you;
unfortunately, the officer who was assigned management of your request was
taken ill and I have only been able to gain access her files and folders
in the last few days to enable me to draft a response. I appreciate that
as a consequence of this, the Council has not complied with statutory
timescales on this occasion and I therefore uphold your complaint.

1 how many children you have fostered within the Whole of Kent from other
Boroughs?

Kent County Council wouldn't foster children from other boroughs.
If KCC places anyone in foster care then they would be open to KCC and on
our caseload and therefore not from other boroughs in the first place.
They would be considered a Kent child. So the answer to your question is
none.

2. How many of those children have gone missing whilst in the Care of Kent
Authority?

If the answer to question 1 is zero, then the answer to question 2 is also
zero.

For Looked After Children (LAC) placed in Kent by other local authorities
(OLAs), the OLA is the placing authority, not KCC; therefore it is not KCC
that are fostering them. OLAs have a statutory duty to inform us of Looked
After placements made within KCC borders but that is simply for
safeguarding reasons. We do not record this on the Integrated Children's
System (ICS).

Every now and again due to suitable (or unsuitable) fostering matches, an
OLA may ask another local authority if they have any suitable placements
for child x, y, or z for instance if they cannot provide one themselves,
(although they normally go to the private sector and use Independent
Fostering Agencies (IFAs)). In those instances, there would normally be a
recharge of funds between authorities.

3. What is the correct procedure (and how do Kent SS follow this
procedure?) when a child is missing whilst in your care on behalf of
another county (or London Borough)

The response to this question is also outlined in the responses to
questions 4 and 5.

The Kent Safeguarding Children Board (KSCB) procedures outline the
protocol for 'The Safeguarding of children who run away and go missing' in
Kent'. This protocol has been updated in May 2011 to include sections on
Kent children who go missing from home and Children who go missing from
Education.

[1]http://www.clusterweb.org.uk/UserFiles/K...

Kent County Council does not take over the responsibility of corporate
parent for looked after children placed by other local authorities/London
boroughs. KSCB protocol clearly outlines that if another local authority
child goes missing he/she remains the responsibility of that county or
London Borough. Kent Police's missing person co-ordinator will inform the
other county or London Borough when a child from that authority is
missing. Kent police will make efforts to search and locate the missing
child in conjunction with the responsible local authority's children's
social services department to ensure that appropriate action and risk
assessments take place. If the other local authority child goes missing
and is considered to be at high risk, Kent police will convene a
multiagency strategy meeting in liaison with the other local authority so
that information in relation to risk can be shared locally and risks to
the child or other children managed effectively.

4. Is a Social Worker appointed WITHIN KENT SS Department for children who
are, placed in your care - even if they have come from another County or
London Borough?

No - responsibility for appointing a social worker for children placed in
Kent by other authorities remains with the authority that placed them in
Kent

5. Is the Social Worker obligated and does that S W have a DUTY OF CARE to
the child/ren from other Boroughs?

Please see response to question 4. Kent County Council does not take over
the responsibility of corporate parent for looked after children placed in
Kent by other local authorities/London Boroughs. The local authority
placing the child in Kent continues to have a duty of care to the child,
which includes providing a social worker who should visit the child
regularly, ensure that a care plan is in place and to be satisfied that
the child's placement is meeting their needs - both in terms of promoting
their welfare and protecting them from harm. The placing authority also
has a responsibility to provide an independent reviewing officer who is
responsible for ensuring that regular statutory review meetings take place
while the child remains looked after. The responsibility of the placing
local authority with respect to looked after children that they place in
Kent is outlined in Volume 2 of the Children Act 1989 - regulations and
statutory guidance - Care Planning, Placement and Case Review.

Kent County Council's responsibilities focus on supporting the placing
authority - particularly in relation to access to universal services such
as education. The NHS in Kent also has similar responsibilities with
respect to access to health services for looked after children placed in
Kent. There are special rules in both instances that enable KCC and the
Kent and Medway NHS to reclaim some or all of the costs of providing these
services to this group of looked after children from the placing local
authorities. With respect to education, this only relates to children who
have a statement from the placing authority of a special educational need
(SEN).

KCC have produced a pledge to children placed in Kent by other
authorities. A copy of the pledge for this group of children is provided

6. If this is the case, Does the SW from Kent visit the children and carry
out Care Plans for the Court?

No - as stated under question 4, KCC does not have a responsibility for
allocating a social worker to LAC placed in Kent by other local
authorities. This responsibility remains with the placing authority. The
rules with respect to the frequency of statutory visiting to looked after
children has changed since April 2011. Unless a LAC is in a long term
placement that has been formally recognised as being their placement until
their 18th birthday, then visiting should continue no less than every 6
weeks, rather than every 3 months after the first year they have been
looked after.

7. If a Care Plan is undertaken by Kent SS Department - does it include
the Parents in the Planning process?

As stated above - KCC does not have a responsibility to produce care plans
for children placed in Kent by other local authorities. This
responsibility remains with the authority that placed them here. As a
general rule - parents should be involved in the development and
implementation of care plans for LAC and the child's LAC reviews. The
extent to which they are involved, however, will vary for each LAC
depending on their needs and circumstances and the ability of each parent
to contribute. In exceptional cases, parents may be excluded from being
involved in planning for a LAC, if it is considered that their involvement
is not in the child's interests and may place the child at risk. In these
cases the parents should be told why they can not be involved and be given
an opportunity to express their views and make a complaint against the
decision. All local authorities - including those placing children in Kent
will have a formal process for making complaints which should be made
available to parents and LAC.

Another reason why a parent may become less involved in the planning
process for a LAC is for 16 and 17 year olds who are looked after. While
local authorities should encourage/promote positive relationships between
young people and their parents wherever possible, in some cases
relationships break down and young people over 16 years have a right to
ask that parents are not involved in key decisions about their looked
after placement and care plan. This reflects a key principle in the
Children Act 1989 that young people over 16 years can make arrangement to
be looked after independently of their parents/those who have parental
responsibility. Even in this circumstance, however, the local authority
that is responsible for the young person's care should continue to keep
the parent informed of the young person's progress and make efforts to
repair relationships if possible.

8. If it does NOT include the Parents in the planning process, why?

This question has been answered in the response to question 7

9. Do parents of children (who are originally from out of Kent SSD area)
have a right to the following:

a) be included in the decision process? (if this is 'yes' - how are they
included?)

This issue has been addressed under question 7

b) are Parents kept informed by Kent SSD? (If not, why not? and if 'yes'
How?)

No - the authority that placed the child / young person in Kent remains
responsible for keeping the child's parents/legal guardians informed about
their progress.

10. Are parents (where there IS NO CARE ORDER) entitled to receive school
photographs / Reports of their children IF THERE IS NO CARE ORDER in
place? If No, WHY NOT? If yes, how do you ensure this is carried out (for
example, does the CHILDREN AND FAMILIES TEAM WITHIN YOUR County Send same
to the BOROUGH / TOWN from where the children were originally to forward
onto parent/s?)

Unless the looked after child is subject to a placement order (which means
that the plan for the child is to be adopted) then wherever possible the
child's parents should continue to receive copies of school reports and
school photos from either the school or the child's social worker / foster
carers. This is the case whether the child is subject to a care order or
accommodated under Section 20 of the Children Act 1989. In some
exceptional cases where there are concerns about a parent presenting a
risk to a child the local authority responsible for the child may decide
to prevent information about the child being provided to the parent - such
as name of school, address of carers, and also providing photos of the
child.

If, however, a child is accommodated under section 20 of the Children Act
1989, then the local authority does not acquire parental responsibility
for the child and would not have authority to prevent photographs from
being sent to a parent from the child's school unless they took steps to
go to court and acquire an order that gave them this authority.

If a LAC is over 16 years of age and still at school, their views on
whether their school should send photos to a parent would also be
important and in most cases the school would respect the child/young
person's wishes in this respect.

11. Are parents entitled to be invited to various school functions such as
plays / parents evenings? If not, why not? If yes - how do you ensure this
information is relayed to the family?

The issues in relation to this question are the same as the issues
outlined under question 10. The local authority responsible for a looked
after child and the child's school would also wish to seek the views of
the child/young person in relation to a parent attending a school
function. Where they are issues about a parent attending a school function
that may cause distress to a child, then it would be expected that the
child's social worker would discuss this with the parent(s) and try to
find a suitable solution. Clearly, whilst respecting parents involvement
in the lives and decisions of LACs wherever possible - both parent and the
local authority would not wish to leave a child upset or distressed by any
decision made. A key goal, therefore, would be to ensure that in all
decisions made, that the welfare and safety of the child/young person is
kept to the fore.

12. IF a child does not attend school, do Kent SS notify the Borough /
County where the children came from AND/OR the parents? If Kent SS only
notify the Borough / County where the children were placed, it is an
expectation that the original Borough notify the parents?

It is the responsibility of the local authority where the child attends
school to inform the placing authority of irregular or non-attendance. The
decision to inform parents rests with the placing authority.

13. What are the complaints procedures for Kent SS if a child alleges to
have been sexually molested by a Kent Foster Carer (or a relation to the
foster carer)?

If a child makes a complaint about sexual abuse by a foster carer, this
would be dealt with under the Kent and Medway Safeguarding Children
procedures and a strategy discussion would be convened by Children's
Social Services. The strategy meeting would include discussions with those
agencies involved with the child, including the fostering agency, and a
plan would be made to identify how the complaint would be investigated,
including any visit to the child/young person if appropriate.

14. Is it the Duty of KENT SS to investigate allegations or the original
Local Authority's duty of care to investigate?

It is the local authority where the child is residing at the time of the
concern who would be responsible for convening a strategy meeting to
consider how best concerns could be investigated if there was an
allegation that a child was at risk of significant harm in the local
authority area. If the child is placed from another local authority, the
placing local authority would be invited to attend the strategy meeting
and would be included in decision making. The strategy meeting might
identify that the local authority responsible for the child is best placed
to carry out the investigation, including leading on any visits required
to the child/young person, or other investigatory actions, if this was
considered to be in the child's best interests.

15. If it is Kent SS duty of care to children to investigate - are the
parents notified of allegations and in which form does this notification
take place? (in line with Kent SS Policy/ Procedures on Allegations of
Abuse).

Notification regarding an investigation is a sensitive issue. There would
always be careful consideration of the need to balance the parents' rights
to have information about their child, with the need to ensure a child's
safety and welfare. The strategy discussion would normally decide which
local authority is best placed to notify parents if the child is placed
from out of county, and this decision would need to focus on the best
interests of the child in the context of ensuring their welfare and
safety.

If you are unhappy with this response, and believe KCC has not complied
with legislation, please ask for a review by following our complaints
process; details can be found at this link
[2]http://www.kent.gov.uk/your_council/have...
on our website. Please quote reference FOI/11/1126.

If you still remain dissatisfied following an internal review, you can
appeal to the Information Commissioner, who oversees compliance with the
Freedom of Information Act 2000. Details of what you need to do, should
you wish to pursue this course of action, are available from the
Information Commissioner's website
[3]http://www.ico.gov.uk/complaints/freedom...

Best regards

Caroline Dodge
Information Resilience & Transparency,
Business Strategy & Support, Governance & Law
Kent County Council, Room 2.71, Sessions House, County Road, Maidstone,
ME14 1XQ
Tel: 01622 221652, Internal 7000 1652,
Fax: 01622 696075
[4]http://www.kent.gov.uk/your_council/cont...

show quoted sections

Dear Kent County Council,

MY response to your reply Question 1: “1 how many children you have fostered within the Whole of Kent from other Boroughs?

Kent County Council wouldn't foster children from other boroughs. If KCC places anyone in foster care then they would be open to KCC and on our caseload and therefore not from other boroughs in the first place. They would be considered a Kent child. So the answer to your question is none.”

I am now confused by your response to Question 1 (above) you stated if KCC place any children in Foster care, they would be on your caseload. However, you then go on to reply with regard to question 2:

“For Looked After Children (LAC) placed in Kent by other local authorities (OLAs), the OLA is the placing authority, not KCC; therefore it is not KCC that are fostering them.”

This point contradicts the reply you gave to Question 1. Please can you clarify if a child is placed within KCC by another London Borough – who exactly is responsible for them and their well-being and ensuring (when there are only ICO’s) the parents receive School reports / Photographs / are invited to parents evenings / School Plays and functions which involve the child/ren? As I am sure you are aware an ICO does NOT give ANY BOROUGH FULL PARENTAL RESPONSIBILITY for any child and therefore, the PARENTS are entitled to receive ALL the aforementioned.

Please CONFIRM this is the case.

As I understand from Police Procedures, if a child goes missing, it is the responsibility of the POLICE within the area that the child LAST RESIDED e.g. KENT and therefore, it is the responsibility of a) the adults with whom the child resided to ensure a report is submitted and b) the POLICE in the town / area where the child last resided is responsible for ensuring allegations of either i) a child missing or ii) allegations of a child being abused are thoroughly investigated. Please confirm this is the case and if not, a more precise and clear explanation of procedure / protocol on missing children in care / abused in care. Thank you.

With regard to Question 4 “ Is a Social Worker appointed WITHIN KENT SS Department for children who are, placed in your care - even if they have come from another County or London Borough?

No - responsibility for appointing a social worker for children placed in Kent by other authorities remains with the authority that placed them in Kent”

You clearly stated in response to Question 1, Kent County Council do not have any children from another Borough, but in response to this question, you clearly do have a policy which states KCC DO foster children from other Boroughs / Local Authorities, otherwise ther e would not be a need for a Policy / Procedure on dealing with such an issue.

With regard to Question 5: “5. Is the Social Worker obligated and does that S W have a DUTY OF CARE to the child/ren from other Boroughs?

Please see response to question 4. Kent County Council does not take over the responsibility of corporate parent for looked after children placed in Kent by other local authorities/London Boroughs. The local authority placing the child in Kent continues to have a duty of care to the child, which includes providing a social worker who should visit the child regularly, ensure that a care plan is in place and to be satisfied that the child's placement is meeting their needs - both in terms of promoting their welfare and protecting them from harm. The placing authority also
has a responsibility to provide an independent reviewing officer who is responsible for ensuring that regular statutory review meetings take place while the child remains looked after. The responsibility of the placing local authority with respect to looked after children that they place in Kent is outlined in Volume 2 of the Children Act 1989 - regulations and statutory guidance - Care Planning, Placement and Case Review.”

Your reply totally contradicts what you have stated in reply to Question 1. Please can you re-assess and correct your replies to my questions? Thank you.

MY response to your reply to Question 6 “If this is the case, Does the SW from Kent visit the children and carry out Care Plans for the Court?

No - as stated under question 4, KCC does not have a responsibility for allocating a social worker to LAC placed in Kent by other local authorities. This responsibility remains with the placing authority. The
rules with respect to the frequency of statutory visiting to looked after children has changed since April 2011. Unless a LAC is in a long term
placement that has been formally recognised as being their placement until their 18th birthday, then visiting should continue no less than every 6
weeks, rather than every 3 months after the first year they have been looked after.”

Your reply, again, contradicts the reply you gave to Question 1. Please can you clarify. Thank you.
MY response to your reply Number: “12. IF a child does not attend school, do Kent SS notify the Borough / County where the children came from AND/OR the parents? If Kent SS only notify the Borough / County where the children were placed, it is an
expectation that the original Borough notify the parents?

It is the responsibility of the local authority where the child attends school to inform the placing authority of irregular or non-attendance. The
decision to inform parents rests with the placing authority.”

If the child attends a SCHOOL within KCC AND the placement is within KCC, surely YOU have the responsibility and duty to ensure that child is cared for and the safety of that child is paramount? Especially if the Borough who placed the child is miles away?

I will ask you again, if a CHILD who is PLACED with KCC AND ATTENDS SCHOOL within KCC is missing from care, whose responsibility is it to ensure ALL measures are taken to satisfy the well-being and safety of that child are met?

My response to your reply, Question :13. “What are the complaints procedures for Kent SS if a child alleges to have been sexually molested by a Kent Foster Carer (or a relation to the foster carer)?

If a child makes a complaint about sexual abuse by a foster carer, this would be dealt with under the Kent and Medway Safeguarding Children procedures and a strategy discussion would be convened by Children's
Social Services. The strategy meeting would include discussions with those agencies involved with the child, including the fostering agency, and a
plan would be made to identify how the complaint would be investigated, including any visit to the child/young person if appropriate.”

Your response to this question, once again contradicts all you have stated above. PLEASE can you reply to ALL the questions I posed in this FOI request in a clear / concise and non-contradictory manner? Your replies have been confusing, to say the least. It appears to me, KCC only want to take responsibility for a child when it is suitable to yourselves.

Your response to Question 14:
“If the child is placed from another local authority, the placing local authority would be invited to attend the strategy meeting and would be included in decision making. The strategy meeting might identify that the local authority responsible for the child is best placed to carry out the investigation, including leading on any visits required to the child/young person, or other investigatory actions, if this was considered to be in the child's best interests.”

You clearly state KCC are responsible for the care of a child in this reply, but have not otherwise staeted same previously.

My response to your reply to Question 15. “If it is Kent SS duty of care to children to investigate - are the parents notified of allegations and in which form does this notification take place? (in line with Kent SS Policy/ Procedures on Allegations of Abuse).

Notification regarding an investigation is a sensitive issue. There would always be careful consideration of the need to balance the parents' rights to have information about their child, with the need to ensure a child's safety and welfare. The strategy discussion would normally decide which local authority is best placed to notify parents if the child is placed from out of county, and this decision would need to focus on the best interests of the child in the context of ensuring their welfare and safety.”

Perhaps you would be good enough to inform me if there are only ICO’s and contact was still being held, then there would be no reason for the parents to not be informed if the child had made allegations of abuse? This would seem a ‘normal / appropriate and reasonable’ course of action – would you agree (the parent/s are informed of the allegations and the investigations which are or may be, undertaken?).

I am certain, you are aware your reply is not satisfactory and that is why you have advised on the procedures at the end of your reply. Please could you re-answer the questions wjhich I have pointed out are contradictory before I make a decision whether or not to proceed for an Internal Review or to the Commissioner. Thank you.

Yours faithfully,

Kay Young
B.S & B.Sc (Hons) OPEN

K.Y left an annotation ()

Dear Kent County Council FOI

Please can you reply to my response (above).

Also, You have categorically intentionally mis-led me with your reply (as reported in recent weeks in the Media - which stated the majority of children in Kent County Council's care are from 'out of the area' - e.g. from other BOROUGHS.

Please could you reply to my further request of information. Thank you.
Yours faithfully
Kay Young
B.A & B.Sc (Hone) OPEN

Please see below with regard to the reeiving of information:

Dear Freedom of Information Adviser

Further to the correspondence in regard of the information I have previously requested previously.

Please find below a ruling, which I am sure you will agree categorically states receiving information is a Human Right. It is encompassed within the Human Rights Act.

Yours sincerely
Kay Young
B.A & B.Sc (Hons)OPEN

http://www.freedominfo.org/2009/04/europ...

European Court of Human Rights: Right to Information Essential to Free Expression

14 April 2009

Társaság a Szabadságjogokért v. Hungary a Landmark Decision in the Right to Know

Strasbourg, France — In a landmark decision today, the European Court of Human Rights of the Council of Europe found in favor of Társaság a Szabadságjogokért, the Hungarian Civil Liberties Union, in its complaint against the Hungarian government over a submission to the Hungarian Constitutional Court filed by a member of parliament concerning drug policy. This is the first time the European Court of Human Rights has unanimously recognized that freedom of expression, as mandated by Article 10 of the European Convention of Human Rights, also includes the right to information from public bodies.

Like the Inter-American Court decision Reyes v. Chile, the European Court of Human Rights has affirmed that the right to information is essential to free expression. Because the government holds the “information monopoly,” according to the Court’s decision, “the law cannot allow arbitrary restrictions which may become a form of indirect censorship.”

According to its press release, the Hungarian Civil Liberties Union “wanted to form an opinion on the particulars of the [MPs] complaint before a decision was handed down.” In denying the information, the Hungarian Government evoked the privacy rights of the MP who submitted his views of drug policy to the Hungarian Constitutional Court.

But the Court found that the private life of the MP was not relevant to the disclosure or denial of the information and proscribed a balance of personal privacy rights against the right to information. In the opinion of the Court, “it would be fatal for freedom of expression in the sphere of politics if public figures could censor the press and public debate in the name of their personality rights.”

Even though the ruling is a positive step, Executive Director of Access Info Europe Helen Darbishire notes that “This ruling is a cautious confirmation that the right of access to information is a human right.”

Kent County Council

Dear Ms Young

Thank you for your email below. I am sorry for the delay in replying to
you. This was an oversight on my part.

I am also sorry that KCC's original response clearly did not make any
sense to you and that you have felt obliged to seek clarification of the
answers we provided to your 15 questions.

Firstly, I would like to confirm that children placed with foster
parents who happen to live in Kent by another local authority, are still
considered the responsibility of that local authority and therefore
still fostered by that authority. Kent County Council does not take over
the fostering of other local authorities' looked after children just
because they've been placed at a Kent address. So although other local
authorities' may have placed children with foster carers living in Kent,
KCC doesn't foster them. This is what we meant when we said KCC doesn't
foster other local authority children.

In fact, there are a number of children that have been placed with
foster carers living at Kent addresses, by other local authorities,
which includes some London boroughs. The foster carers looking after
these children are actually approved and managed by independent
fostering agencies. To reiterate, this would not transfer the fostering
responsibility from the other local authority to KCC.

As of yesterday, there were 1,336 looked after children from other local
authorities that are currently placed in Kent, for example with a foster
carer living in Kent or in a residential home located in Kent. These
children are fostered by the placing authority, not KCC; the fact they
live in Kent does not make them a Kentish child.

So to answer your hypothetical questions, the well-being of a child
placed by a London borough with foster carers that live at an address
that falls within KCC's jurisdictional area (as opposed to Medway) will
remain the responsibility of the London borough who places the child.

If the child is on an interim care order, the London borough in
conjunction with the parent and the school that the child is attending,
will need to put provisions in place to ensure that the parent receives
school reports/photographs, is invited to parents' evening/school plays
and any other school functions which involve the child. However, if any
professional involved in the child's care considers that the parents'
involvement is not in the child's interest and may place the child at
risk, the parents should be told by the placing authority why they
cannot be involved and be given an opportunity to express their views
and make a complaint against the decision.

For children who are 16/17 years old where their relationship has broken
down with their parents, they have a right to ask that their parents are
not involved in key decision about their placement or school.

KCC Social Services' would only become involved with a looked after
child placed in Kent by another local authority in an emergency
situation. So, returning to your hypothetical question, if a looked
after child placed at an address in Kent by a London borough was
reported as missing by the adult whom the child resided with, Kent
Police will undertake the necessary investigations to locate and return
the missing child. The Police will also liaise with the London borough
who placed the child within Kent to assist with future planning and
investigations.

I trust that this explanation now concludes your request. However, if
you are still unhappy with the decision, you can appeal to the
Information Commissioner, who oversees compliance with the Freedom of
Information Act 2000. Details of what you need to do, should you wish to
pursue this course of action, are available from the Information
Commissioner's website
http://www.ico.gov.uk/complaints/freedom... or you can
phone the ICO Helpline on 08456 30 60 60.

Best regards

Caroline Dodge
Information Resilience & Transparency Team, Business Strategy & Support,
Governance & Law Kent County Council, Room 2.71, Sessions House, County
Road, Maidstone, ME14 1XQ
Tel: 01622 221652, Internal 7000 1652,
Fax: 01622 696075
http://www.kent.gov.uk/your_council/cont...
x

show quoted sections

Dear Kent County Council,

Thank you for your reply, which has been very helpful indeed.

I would be most appreciative if you could also inform me on who would be responsible to undertake investigations if a child alleged being sexcually molested/abused by a carer/carers adult child? If that child was fostered on behalf of another Borough by Kent CC?

Thank you.

Yours faithfully,

Kay Young
B.A & B.Sc (Hons) OPEN

Dear Kent County Council,

Apologies, just one other matter. Cokuld you please send the reply (above) and reply to my later question in a format which can be 'downloaded' - preferably a PDF Format? Thank you.

Yours faithfully,

Kay Young
B.A & B.Sc (Hons) OPEN

Kent County Council

 
Dear Ms Young

Thank you for your email.

Kent County Council acknowledges your request for information under the
Freedom of Information Act 2000. Assuming KCC holds this information, we
will endeavour to supply the data to you as soon as possible but no later
than 02nd December 2011 (20 working days from date of receipt).

We will advise you as soon as possible if we do not hold this information
or if there are exemptions to be considered and/or any costs for providing
the information. Please quote our reference - FOI/11/1551 - in any
communication regarding this particular request.

Best regards

 

Richard Battrum
Information Access Officer
Information Resilience & Transparency
Business Strategy & Support. Governance & Law
Kent County Council, Room 2.71, Sessions House, Maidstone, Kent ME14 1XQ
T:  01622 221037
F:  01622 696075
E:  [email address]

[1]http://www.kent.gov.uk/your_council/have...
 

show quoted sections

Kent County Council

1 Attachment

  • Attachment

    extract from KSCB procedures.pdf

    683K Download

Dear Ms Young

Thank you for your email.

As stated in previous emails on this subject, Kent County Council does
not foster children from other local authorities. Children placed with
carers living in Kent by other local authorities are still considered
fostered by the placing local authority, not by KCC.

Therefore, I assume your hypothetical question relates to a child
fostered by a London Borough and placed with carers who happen to live
in Kent.

If any child living in an area of Kent under KCC's jurisdiction,
reported to anyone (for example a teacher, the Police, a friend,
Childline, NSPCC) that they were being sexually abused, KCC, as the
provider of Children's Social Services for the area, has a duty under
section 47 of the Children's Act to investigate any allegations. Please
see the attached extract from the Kent Safeguarding Children Board
Procedures 2009. You can see this manual in its entirety at the
following link
http://www.clusterweb.org.uk/UserFiles/K...
_for_updating_2009_CB.pdf

If you are worried about the welfare of a child living in Kent, please
contact social services, unless you think the situation is urgent, in
which case you should call the police.
http://www.kent.gov.uk/childrens_social_...
ried_about_a_child.aspx

Best regards

Caroline Dodge
Information Resilience & Transparency Team, Business Strategy & Support,
Governance & Law Kent County Council, Room 2.71, Sessions House, County
Road, Maidstone, ME14 1XQ
Tel: 01622 221652, Internal 7000 1652,
Fax: 01622 696075
http://www.kent.gov.uk/your_council/cont...
x

show quoted sections

Dear Kent County Council, (Caroline Dodge)

Thank you for your reply. Unfortunately. I am unable to access the Manual you refer to. Please could you assist me in other ways to access this and enable me to save it to a disc. Thank you.

Yours faithfully,

Kay Young
B.A & B.Sc (Hons) OPEN

Kent County Council

1 Attachment

  • Attachment

    K M Procedures for updating 2009 CB.pdf

    2.4M Download

Dear Ms Young

Here is a pdf version of the manual accessible on the Kent Safeguarding
Children Board website.

I hope this is what you require.

Best regards

Caroline Dodge
Information Resilience & Transparency Team,
Business Strategy & Support, Governance & Law
Kent County Council, Room 2.71, Sessions House, County Road, Maidstone,
ME14 1XQ
Tel: 01622 221652, Internal 7000 1652,
Fax: 01622 696075
http://www.kent.gov.uk/your_council/cont...
x

show quoted sections