Closed cases

bob made this Freedom of Information request to Kent County Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Kent County Council,

Could you please provide me with the following

1, If the social services send a service user a letter stating their case is closed can they still come out to visit the family in question and deem the children as children in need even though the service user has recieved a letter stating the case is closed.

2, Under what law are they allowed to do this.

3, What steps need to be taken in order to rectify this.

4, Does this mean that the local autority acted out of its juristion.

many thanks

Yours faithfully,

bob

Kent County Council

Dear  Sir 

 

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 18th November 2013 (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/13/1620 - in any
communication regarding this particular request.

 

Best regards

 

Laura Pronger

Information Access 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...

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Kent County Council

Dear Bob

 

Thank you for your request for information made under the Freedom of
Information Act (FOIA) 2000, relating to social services closed cases.

 

I am pleased to provide the response below:

 

1) If the social services send a service user a letter stating their case
is closed can they still come out to visit the family in question and deem
the children as children in need even though the service user has received
a letter stating the case is closed?
In general it would be unusual for Specialist children’s services to
continue to visit children and their family after a decision has been made
to close the case or to close a case if they deemed the children to still
be in need and in need of intervention from specialist children’s
services. However there is nothing in legislation to prevent them doing so
and, if after closing a case they received further information or had
reason to believe that the children are still in need then they have a
 duty to safeguard and promote the welfare of the children and so far as
is consistent with that duty, to promote the upbringing of the children by
their families by providing a range and level of services appropriate to
those children’s needs. This should be done in partnership with the
parents which would include advising the parents of the reason/s for their
involvement and sharing with parents any assessment of the children which
identified their needs.  If the parents are unwilling to work in
partnership or engage with specialist children’s services then the local
authority has a responsibility to consider whether the children are at
risk of significant harm and whether child protection procedures need to
be started.

 

2) Under what law are they allowed to do this?

Specialist children services works in major part under The Children Act
1989 and its supporting regulations and statutory guidance. Section 17 of
the Children Act 1989 sets out the criteria for children in need. Working
together 2013 sets out how different agencies – including specialist
children’s services must work together in relation to child protection.

 

It is not possible, without knowing the details of the case to answer 3
and 4. From the limited information provided it would appear that
Specialist Children’s Services was not acting outside the legislation. If
the family are not happy with the Specialist Children’s services
intervention they have a right to make a complaint through the customer
care service on behalf of the children, if they are not happy with the
initial response they receive, the case will be fully investigated within
a set timescale.

 

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
[1]http://www.kent.gov.uk/your_council/have...
on our website. Please quote reference FOI/13/1620.

 

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 [2]http://www.ico.org.uk/complaints.

 
Many thanks
 
James Mercer
Information Access 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 221037, Internal: 7000 1037, Fax: 01622 696075
[3]http://www.kent.gov.uk/your_council/cont...
 

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Dear Kent County Council,

in regard to question 3 and 4 in the case im refering to the service user was notified by post on the 11th novemeber 2011 that her case was closed she had no corispondance with the local authority from this date till april 2012 when a social worker came out and told her that her children were children in need to clarify from the socail chronology from the gamily no other concerns were noted nor any other referals made so what juristiction did this socail worker have

Yours faithfully,

bob

Kent County Council

Dear Bob

 

Thank you for your email, which I have passed onto the relevant team to
deal with. 

 

To clarify, this is now being dealt with as a follow-on query to your
previous request, under the same reference number FOI/13/1620.

 

The Freedom of Information Act (FOIA) does not legislate for such
follow-on requests and therefore there is no statutory timeframe for us to
respond within. However, I will endeavour to supply the data to you as
soon as possible but no later than 02 December 2013 (20 working days from
date of receipt).

 

Best regards

Many thanks
 
James Mercer
Information Access 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 221037, Internal: 7000 1037, Fax: 01622 696075
[1]http://www.kent.gov.uk/your_council/cont...

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Kent County Council

Freedom of Information would like to recall the message, "FOI/13/1620 ACKNOWLEDGEMENT OF FOLLOW ON QUERY".

Kent County Council

Dear Bob

I understand you rang my colleague earlier this morning to query why we had attempted to recall the acknowledgement to your latest email (4th November). I understand my colleague had meant to recall another email but recalled this one by mistake. My apologies for any confusion.

With regard to your query as to what jurisdiction the social worker had to visit after a case had been closed, you have not provided us with sufficient detail about the service user you are referring to for us to be able to identify the family concerned. Without this information, we cannot look at the relevant case files to ascertain the specific circumstance that led to this contact.

However, we would not recommend that you provide any personal information to us via a publicly accessible website. I therefore suggest that you either provide us with personal information about the service user directly (not via the whatdotheyknow website) to protect the privacy of those involved. We can then look at our records and we may be able to provide more specific information to you privately to answer your question. Alternatively, if you feel the service user has not been treated fairly, you can either refer them to our complaints procedure or you may be able to complain on their behalf.
http://www.kent.gov.uk/childrens_social_...

I have copied in our Customer Care Team who deal with complaints about Children's Social Services in case they can provide any additional assistance.

Best regards

Caroline Dodge
Team Leader, 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...

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Dear Kent County Council,

i am requesting for the 2nd time the same thing
is a social worker allowed to come a visit a family after their case has been closed this is children and families department with out going into more detail these children where not on a cpc plan or a chin plan so did this social worker act illegally simple question refusal to answer this very basic question will leave me no choice but to request an internal review

Yours faithfully,

bob

Kent County Council

Dear Bob

As we explained to you originally, it would be unusual for a social worker to continue to visit a family after their case had been closed to social services, but if new information came to light or they had reason to believe the children were in need, then a subsequent "follow-up" visit would not be considered either unlawful or inappropriate. So no, it is not illegal for a social worker to visit a family after their case has been closed but how appropriate this may be would depend on the specific circumstances.

As I said before, if you consider that a social worker has acted unlawfully, you should follow our complaints process.
http://www.kent.gov.uk/childrens_social_...

Best regards

Caroline Dodge
Team Leader, 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...

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Kay left an annotation ()

http://hscchildcareprocedures.gov.gg/art...

Any ‘new referrals’ are just that and, I believe, a new referral has to be ‘opened’ with new assessments. Check the SW is registered - so many FAKES being used ...