Dear Leeds City Council,

I write to ask you to provide me with information regarding the education and school placements given to children under 16 years of age with Special Educational Needs.

Under the Freedom of Information Act 2000, I would like you to supply me with the information requested for the past two school years (2015/16 and 2016/17).

I would ask you to provide the information in an excel document, broken down under the following headings:

Academic Year (2015/16 and 2016/17)
Category of Need (BESD, ASD, etc.)
Name of School
Type of school - (Maintained/non-maintained/independent)
Type of placement - (Day or 38 week placement)
Cost of placement per year

I would be grateful if you could send your response in csv. or Excel format within the 20 day reply period.

Yours faithfully,

Lily Kerrigan

DPFOI, Leeds City Council

Dear Lily Kerrigan

Freedom of information request Ref 19638 : Education Information

Thank you for your request for the above information which we received 27, September 2017. We will respond to your request in accordance with the Freedom of Information Act 2000, or the Environmental Information Regulations 2004.

We have passed your request onto Nicola Palmer, Information Access Manager, Childrens & Families, [email address] who will arrange a response within the appropriate statutory time limit.

Please remember to quote reference number FOI 19638 in any future communications.

Yours sincerely

Kind Regards

Miss Danielle Earnshaw
Business Administrative Apprentice
Information Management & Governance
Digital and Information Service
Leeds City Council

0113 37 84251
www.leeds.gov.uk

IMG.AC.FOI, Leeds City Council

Dear Lily Kerrigan

 

Leeds City Council are currently dealing with your request and want to
make it as accurate. The service dealing with the request have asked if I
can clarify the last two data points, type of placement (day or 38 week
placement) and cost of placement per year is your query regarding out of
authority SEN placements rather than purely young people with a SEN need
who attend Leeds schools.

 

Kind Regards

 

Sam Slatcher

Information Access Officer

Information Management & Governance

Digital & Information Service

Leeds City Council

Tel: 0113 37 84251

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Dear IMG.AC.FOI,

Thank you your response.

in answer to your question, my request concerns young people with EHC plans palced at maintained, non-maintained and independent SEN provision.

Yours sincerely,

Lily Kerrigan

Dear IMG.AC.FOI,

Please can you provide an update on the progress of my request?

Yours sincerely,

Lily Kerrigan

IMG.AC.FOI, Leeds City Council

Dear Lily Kerrigan

 

Freedom of Information Request (Ref: 19638)

 

I refer to the above and your request dated 27 September 2017. I have
contacted the relevant services and now provide a response to the
following request.

 

I write to ask you to provide me with information regarding the education
and school placements given to children under 16 years of age with Special
Educational Needs. I would like you to supply me with the information
requested for the past two school years (2015/16 and 2016/17).

I would ask you to provide the information in an excel document, broken
down under the following headings:

Academic Year (2015/16 and 2016/17)

Category of Need (BESD, ASD, etc.)        

Name of School               

Type of school - (Maintained/non-maintained/independent)

Type of placement - (Day or 38 week placement)            

Cost of placement per year

 

We confirm that we do hold the information requested but we are unable to
provide this as we consider this information to be exempt under section
40(2) of the Freedom of Information Act 2000 (the FOIA) together with the
condition in section 40(3)(a)(i). This provides an absolute exemption if
disclosure of the personal data would breach any of the data protection
principles.

 

In the Information Commissioner’s view, the two main elements of personal
data are that the information must ‘relate to’ a living individual and
that person must be identifiable. Information will ‘relate to’ a person if
it is about them, linked to them, has some biographical significance for
them, is used to inform decisions affecting them, has them as its main
focus or impacts on them in any way.  It has been held by the Article 29
working party, the advisory party to the European Commission, that to
determine whether a person is identifiable, account should be taken of all
the means likely reasonably to be used either by the controller or by any
other person to identify that person.

 

It is our view that the information requested is personal data since there
is a strong case that living individuals can be identified if the
information was to be disclosed.  This is because the information relates
to an easily definable set of individuals in light of their roles, the
teaching community, and the information which is already out there in the
public domain.  Thus, the next question is whether to disclose this data
would breach the data protection principles.

 

To fulfil the first data protection principle, a disclosure of personal
data must be fair, lawful and meet one of the relevant fair processing
schedule conditions.  Since the information requested is sensitive
personal data, as it relates to physical or mental health, a fair
processing condition in Schedule 2 and Schedule 3 must be met.  It is our
view that none of the conditions in Schedule 3 can be met and, therefore,
any such disclosure would be unfair.  Information as to sickness absence
is information which we consider would be regarded as most private and,
furthermore, we consider that it would be the reasonable expectation of
the data subject that the information would not be disclosed.  Therefore,
it is the Council’s view that to disclose the information requested would
be a breach of the first principle of the Data Protection Act.

 

I trust that this response is satisfactory. If however you are
dissatisfied with this response you have a right to appeal to an
independent officer within Childrens & Families. They will re-examine your
request and assess whether we have adhered to the requirements of the act.
Should you wish to follow this course of action please address your
concerns in writing to Moin Patel, Childrens & Families, Information
Management and Governance, PO Box 837, Leeds, LS1 9PZ or by emailing
[1][email address].

 

You also have a right under Section 50 of the Freedom of Information Act
to ask the Information Commissioner to decide whether we have met with our
obligations under the act.  The Commissioner has however made it clear
that he expects all applicants to exhaust internal appeals procedures
prior to making such an application. Should you wish to contact the
Commissioner’s office then you can write to the following address:

 

            Office of the Information Commissioner,

            Wycliffe House,

            Water Lane,

            Wilmslow,

            Cheshire,

            SK9 5AF.

 

You may also contact the Commissioner via the  [2]www.ico.gov.uk website.

 

I trust that this is self-explanatory.  If you have any queries please
contact me on 0113 3784251, or by return email.

 

Yours sincerely,

 

James Bentley

Information Access Officer

Digital Information Service

Leeds City Council

Tel: 0113 37 84251

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Leeds City Council - MJ Local Authority of the Year 2016

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References

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