Direct payments and personal budgets

The request was partially successful.

Dear East Sussex County Council,

1. Please provide a copy of your policy regarding the trialling of SEN Direct Payments and personal budgets.

2. Please confirm whether all parents/carers issued with a new or amended statement since January 2012 have been informed about their right to apply for a Direct Payment for SEN provision under the Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2012. How has this information been provided? Please provide a copy of any standard leaflet or letter issued together with confirmation of date of issue.

3. Please confirm the number of parents/carers who are receiving SEN Direct Payments and what those Direct Payments relate to.

4. Please confirm whether any of these SEN Direct Payments could be provided outside the Pathfinder project, e.g. payments under Part 6 of a statement for transport.

5. Please provide a copy of your policy for considering requests for direct payments for SEN provision. If you do not have a policy, please confirm whether there are any limits placed on direct payments applications, e.g. they will not be provided if the LA has a block contract or there is a financial limit. Please confirm whether these criteria are communicated to parents and provide a copy of that document .

6. Please confirm your arrangements for reviewing appeals against a refusal of a request for SEN Direct Payments. Please provide a copy of any policy and any leaflet/letter issued to parents explaining this.

7. Please confirm what information is provided to parents/carers about the trialling of personal budgets. Please provide a copy of any leaflet or letter issued.

8. Please confirm how many parents/carers are receiving a personal budget within the auspices of the Pathfinder project?

9. Please confirm how parents/carers in receipt of SEN Direct Payments/ personal budgets obtained the information to make an application. For example, were they:

(a) sent the information with a new or amended statement
(b) recruited as part of a specific pilot
(c) neither (a )or (b), the family approached the LA having heard about SEN Direct Payments/personal budgets from other sources

10. Please provide a copy of your local offer.

Yours faithfully

Measure up!

Freedom of Information, East Sussex County Council

1 Attachment

 

 

Dear “Measure up!”

 

Thank you for your request for information. Your request was received on
8/7/2013 and I am dealing with it under the terms of the Freedom of
Information Act 2000 (FOIA).

We do always aim to respond as quickly as possible, but in this case I am
refusing your request as it is not valid. An email address is sufficient
for delivery of requested information but there is a requirement under the
Act for a requester to provide their “real name”. It is not possible to
ascertain your full name from your email address.

The Information Commissioner’s Office supports the view that it was the
intention of the legislation that an applicant should provide their real
name so that the request can be processed in accordance with the
requirements of the FOIA. A first name only is insufficient. The part of
the FOIA that covers this is Section 8, and specifically to 8(1)(b).

 

Please see the attached ICO Guidance and an extract copied below.

 

Mr Arthur Thomas Roberts could satisfy section 8(1)(b) of the FOIA by
stating his name in a request for information as “Arthur Roberts”, “A. T.
Roberts”, or “Mr Roberts”, but not by stating his name as “Arthur” or
“A.T.R.”

 

There are a number of reasons why a requester must supply their real name.
These include the following:

 

·         a request is being made by the applicant for his/her own
personal data and so would be exempt under section 40(1) of the FOIA (and
would comprise a subject access request under the Data Protection Act
1998);

·         a public authority has good reason to believe a requester is
using a pseudonym to shield his/her identity in order to avoid the
possibility of the request being considered as vexatious or repeated; or

·         determining whether to aggregate costs for two or more requests
in accordance with the Fees Regulations.

 

If you believe that the County Council has not complied with the FOI Act
in responding to your request, you may ask for an internal review. If you
wish to do so, please set out the grounds of your appeal in writing to:

 

Philip Baker, Assistant Director, Legal and Democratic Services, East
Sussex County Council, County Hall, St Anne’s Crescent, Lewes, East
Sussex. BN7 1UE.

or by email to him at [1][email address]

 

Please quote the FOI reference number in any communication regarding this
particular request.

 

If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner cannot make a decision
unless you have exhausted the County Council’s internal review procedure
as described in the previous paragraph. The Commissioner can be contacted
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.  [2]Tel: 0303 123 1113.  [3]www.ico.org.uk

 

 

Yours sincerely

 

 

Jeremy Coleman

Freedom of Information Adviser

East Sussex County Council

Governance and Community Services Department

C3F, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913
Fax: 01273 481208

email: [4][East Sussex County Council request email]   web: [5]www.eastsussex.gov.uk/foi

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email

 

This message is intended for the use of the addressee only and may
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error please notify the sender and destroy it. You may not use it or copy
it to anyone else.

E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.

Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.

You can visit our website at http://www.eastsussex.gov.uk

References

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4. mailto:[East Sussex County Council request email]
5. http://www.eastsussex.gov.uk/foi

Dear East Sussex County Council,

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

I am writing to request an internal review of East Sussex County Council's handling of my FOI request 'Direct payments and personal budgets'.

We are a voluntary organisation and the law permits us to make an application in our own name.

Please refer to the ICO's website which reminds public bodies:

Remember that a request can be made in the name of an organisation, or by one person on behalf of another, such as a solicitor on behalf of a client.

Please proceed with our request.

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

Yours faithfully,

Measure Up!

Freedom of Information, East Sussex County Council

 

 

Dear Measure Up

 

FOI Request ref:  2625 / Measure Up / Direct payments and personal budgets

 

Thank you for your request for information about the above. Your request
was received on 8/7/2013 and I am dealing with it under the terms of the
Freedom of Information Act 2000.

We have reviewed our decision to refuse your request on the basis of no
name given. Our refusal was in keeping with the terms of the legislation
but in the sprit of the Act, and with ICO guidance in mind, we have
registered your request.

We always aim to respond as quickly as possible, and in this case will do
so no later than 2/8/2013, which is the 20 working day deadline. The
deadline is counted from the first working day we receive it, not the date
a letter is written / posted or an email sent.

In some circumstances a fee may be payable and if that is the case, I will
let you know. A fees notice will be issued to you, and you will be
required to pay before we proceed in dealing with your request.

Please quote the above reference number in any communication regarding
this request.

 

Yours sincerely

 

 

 

Jeremy Coleman

Freedom of Information Advisor

East Sussex County Council

Governance and Community Services Department

C3F, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913
Fax: 01273 481208

email: [1][East Sussex County Council request email]   web: [2]www.eastsussex.gov.uk/foi

P  please consider the environment - do you really need to print this
email

 

This message is intended for the use of the addressee only and may
contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.

E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.

Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.

You can visit our website at http://www.eastsussex.gov.uk

References

Visible links
1. mailto:[East Sussex County Council request email]
2. http://www.eastsussex.gov.uk/foi

Freedom of Information, East Sussex County Council

1 Attachment

Dear Measure Up

 

FOI Request ref:  2625 / Measure Up / Direct payments and personal budgets

Thank you for your request for information about the above, which has been
dealt with under the terms of the Freedom of Information Act 2000. Your
request and our response are set out below. Please note that the
information is provided subject to the copyright and reuse of information
terms and conditions set out at the bottom of this email.

Request:

Dear East Sussex County Council,

1. Please provide a copy of your policy regarding the trialling of SEN
Direct Payments and personal budgets.

2. Please confirm whether all parents/carers issued with a new or amended
statement since January 2012 have been informed about their right to apply
for a Direct Payment for SEN provision under the Special Educational Needs
(Direct Payments) (Pilot Scheme) Order 2012. How has this information been
provided? Please provide a copy of any standard leaflet or letter issued
together with confirmation of date of issue.

3. Please confirm the number of parents/carers who are receiving SEN
Direct Payments and what those Direct Payments relate to.

4. Please confirm whether any of these SEN Direct Payments could be
provided outside the Pathfinder project, e.g. payments under Part 6 of a
statement for transport.

5. Please provide a copy of your policy for considering requests for
direct payments for SEN provision. If you do not have a policy, please
confirm whether there are any limits placed on direct payments
applications, e.g. they will not be provided if the LA has a block
contract or there is a financial limit. Please confirm whether these
criteria are communicated to parents and provide a copy of that document .

6. Please confirm your arrangements for reviewing appeals against a
refusal of a request for SEN Direct Payments. Please provide a copy of any
policy and any leaflet/letter issued to parents explaining this.

7. Please confirm what information is provided to parents/carers about the
trialling of personal budgets. Please provide a copy of any leaflet or
letter issued.

8. Please confirm how many parents/carers are receiving a personal budget
within the auspices of the Pathfinder project?

9. Please confirm how parents/carers in receipt of SEN Direct Payments/
personal budgets obtained the information to make an application. For
example, were they:

(a) sent the information with a new or amended statement

(b) recruited as part of a specific pilot

(c) neither (a )or (b), the family approached the LA having heard about
SEN Direct Payments/personal budgets from other sources

10. Please provide a copy of your local offer.

       
Response:

<<FOI%20Response%202013-2625[1].doc>>

       
 

 

 

I hope that this answers your enquiry. If you believe that the County
Council has not complied with the FOI Act in responding to your request,
you may ask for an internal review. If you wish to do so, please set out
the grounds of your appeal in writing to:

 

Philip Baker, Assistant Director, Legal and Democratic Services, East
Sussex County Council, County Hall, St Anne’s Crescent, Lewes, East
Sussex. BN7 1UE.

or by email to him at [1][email address]

 

Please quote the FOI reference number in any communication regarding this
particular request.

 

If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner cannot make a decision
unless you have exhausted the County Council’s internal review procedure
as described in the previous paragraph. The Commissioner can be contacted
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. Tel: 0303 123 1113.  [2]www.ico.org.uk

 

Yours sincerely

 

 

 

Daniel Ellis

Freedom of Information Officer

 

East Sussex County Council

Governance and Community Services Department

C3F, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913
Fax: 01273 481208

email: [3][East Sussex County Council request email]   web: [4]www.eastsussex.gov.uk/foi

P        please consider the environment - do you really need to print
this email

 

 

 

Copyright and Re-Use of information

1. Providing you with documents under the Freedom of Information Act does
not give you an automatic right to re-use those documents in a way that
would infringe copyright – for example by making multiple copies, or by
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2. Copyright in the information is owned by East Sussex County Council
and/or its contractor(s) unless otherwise stated. Brief extracts of the
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3. We do not give permission for this information to be used for the
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4. If you wish to use this information then, in accordance with the
Regulations on the Re-use of Public Sector Information 2005, you must
first ask our permission. Such re-use may or may not involve the granting
of a licence and the application of a Fee.

This message is intended for the use of the addressee only and may
contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.

E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.

Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.

You can visit our website at http://www.eastsussex.gov.uk

References

Visible links
1. mailto:[email address]
2. http://www.ico.org.uk/
3. mailto:[East Sussex County Council request email]
4. http://www.eastsussex.gov.uk/foi

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