Our reference: 14814 FOI

Dear Ms Kerrigan,

Thank you for your request for information received on 22 January 2019
concerning education placement information.

I am writing to ask you to clarify your request.  This is because we need
further details from you in order to identify and locate the information. 
Therefore, I should be grateful if you would clarify the following:

 1. Do you require in-county schools or out of county school placements?
 2. Are these mainstream and special placements or just special?
 3. Whilst school designations are readily available, are you also asking
for the young person(s) primary needs i.e. school name / how many
students are placed with an EHC.

Please note if we do not receive further clarification from you in
relation to this request by 28 March 2019 the council will consider your
request closed.

Once we have these details your enquiry will be considered and you will
receive the information requested, unless an exemption applies.

Please contact me if you would like some advice on refining your request.

Kind regards

Renata Malinowski

E&E Freedom of Information Support Officer

Joint Commissioning and E&E

Email: [1]E&[email address] and
[2][email address]

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Oxfordshire County Council manages your personal information please see
our [5]Privacy Notice.

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Dear Ms Kerrigan,

Thank you for the clarification of your request received on 28 January
2019.

Your request is being re-considered and you will receive a response within
the 20 working days in compliance with the Freedom of Information Act
2000. This means that the council will respond to you by 25 February 2019
at the latest.

Please contact me if you have any have further enquiries about your
request. I would be grateful if you could quote the reference number given
at the top of this email.

Kind regards

Renata Malinowski

E&E Freedom of Information Support Officer

Joint Commissioning and E&E

Email: [1]E&[email address] and
[2][email address]

Save money and paper - do you really need to print this email.

This email, including attachments, may contain confidential information.
If you have received it in error, please notify the sender by reply and
delete it immediately. Views expressed by the sender may not be those of
Oxfordshire County Council. Council emails are subject to the Freedom of
Information Act 2000. [3]http://www.oxfordshire.gov.uk/emaildiscl....

This email, including attachments, may contain confidential information.
If you have received it in error, please notify the sender by reply and
delete it immediately. Views expressed by the sender may not be those of
Oxfordshire County Council. Council emails are subject to the Freedom of
Information Act 2000. [4]email disclaimer. For information about how
Oxfordshire County Council manages your personal information please see
our [5]Privacy Notice.

References

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Our reference: 14845 FOI

Dear Ms Kerrigan,

Thank you for your request of 28 January 2019 in which you asked for
information about special needs placements at out of county schools.

I set out below the information that you requested:

School Name Number placed in Day Residential Total cost
AY 17/18
Avon Park X     £97,498.13
Bletchley Park X     £23,788.90
Broadlands High Gables X     £60,865.00
Chilworth Upper School 25 25   £1,382,264.32
Chilworth House School 22 22   £1,128,842.89
Cotswold chine X     £68,733.57
Eton Dorney School X     £28,430.00
Fairlands Aylesbury X     £57,063.79
Greenfields House X     £93,226.33
Grey Herring cottage X     £86,687.65
Heath Farm School X     £65,940.00
High Close School X     £91,200.00
Hillcrest Park X     £190,681.64
ISP Sittingbourne X     £48,728.28
Kingfisher house X     £52,631.92
LVS Oxford 37 37   £1,234,122.72
Mary Hare X     £34,288.00
Meadowstile Farm/AFD school X     £49,467.00
Meldreth Manor X     £130,990.91
Moor House school, Oxsted X     £36,707.82
More House school, Farnham X     £34,074.00
Mulberry Bush X     £64,653.15
New College Worcester
(RNIB) 5   5 £172,666.00
Nugent house X     £29,425.38
PACE Centre X     £82,340.34
Potterspury Lodge 5 X X £223,574.22
Progress school HW X     £38,725.00
Senad Arran Hall X     £42,596.14
Smallbrook School X     £106,316.42
St Catherines school X     £105,918.00
St Mary's Bexhill X     £106,346.00
Swalcliffe Park School X     £217,400.03
Tadley Court X     £57,758.00
The Forum School X     £38,711.00
The Meath School X     £22,272.61
The Unicorn school 12 12   £196,666.00
Unity College X     £183,948.21
Wilds Lodge X     £46,579.00
Wingrave School X     £200,795.96

This table provides, as requested:

 a. the name of the current educational placement (school) of any young
people, 16 years of age and under, with educational health care (EHC)
plans, placed in independent or non-maintained provision for the
academic year 2017/18.
 b. The type of placement, broken down into day or residential placements.
 c. The cost of placements per year. Placement costs vary from student to
student, so I have provided the total cost of all placements at each
setting.

As per your request, information has been provided for out of county
special placements only.

You also asked for information on the category of need that the schools
cater for – we only hold individual information on SEN needs for each
student. Information on the category of need that the schools cater for is
available on their websites.

The Council has redacted the following information with an X from the
disclosure:

 1. Client date where the number is less than 5, as this increases the
likelihood of the subjects being identified, in a setting where there
is 5 or less data subjects.

The Council considers that this information is exempt from disclosure
under section 40(2) of the Freedom of Information Act 2000 (“FOIA”). 
Section 40(2) provides that information shall not be disclosed where it
constitutes the personal data of someone other than the applicant and that
disclosure would satisfy one of the following three conditions:

 1. That disclosure would breach any of the data protection principles or
would do so if the exemptions in section 24(1) (manual unstructured
data held by public authorities) of the Data Protection Act 2018 (DPA
2018) were disregarded.;
 2. That the disclosure of the information to a member of the public
otherwise than under the FOIA would contravene Article 21 of the
General Data Protection Regulation (GDPR) (general processing: right
to object to processing); or

3.    That on a request under Article 15(1) of the GDPR (general
processing: right of access by the data subject) for access to personal
data, the information would be withheld in reliance on provision made by
or under section 15, 16 or 26 of, or Schedule 2, 3 or 4 to, the DPA 2018,
or (b)on a request under section 45(1)(b) of the DPA 2018 (law enforcement
processing: right of access by the data subject), the information would be
withheld in reliance on subsection (4) of that section.

In this case, the relevant condition is the first condition. 
Specifically, the council considers that the first data protection
principle would be breached; namely that disclosure would not be fair for
the following reasons:

 1. The reasonable expectations of the data subject(s) and the nature of
the information itself leads the Council to conclude that the data
subject(s) could not reasonably expect that this information would be
disclosed into the public domain;
 2. Neither this, nor similar information has been released into the
public domain by the data subject(s) or anyone else;
 3. That the principles of transparency and accountability under the FOIA
do not override the data subject('s/s') reasonable expectations that
this information would not be disclosed; and
 4. That the legitimate interests in the public having access to this
information do not outweigh the interests in preserving the rights and
freedoms of the data subject(s).

In reaching this decision, the Council noted that the following
consequences may occur if this information was disclosed:

 1. Release of this information may cause embarrassment to the data
subject(s);
 2. Releasing this information may cause distress to the data subject(s)
and
 3. Disclosure of this information could cause the data subject(s) to
receive threats or to otherwise be intimidated.

In light of the above, the Council considers it necessary to withhold the
above-listed information.

Internal review

If you are dissatisfied with the service or response to your request you
can ask for an internal review as follows:

o Contact the Complaints & Freedom of Information team in Law &
Governance :

[1][Oxfordshire County Council request email] 

o Use the online complaints form on our website:
[2]www.oxfordshire.gov.uk/complaints  
o Write to the Complaints & Freedom of Information team at the FREEPOST
address:

Complaints and Comments
Oxfordshire County Council
FREEPOST RTLL-ECKS-GLUA
Oxford OX1 1YA

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:

The Information Commissioner's Office,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire,

SK9 5AF

Telephone: 0303 123 1113

Website: [3]www.ico.gov.uk

Please let me know if you have further enquiries. I would be grateful if
you could use the reference number given at the top of this email.

Yours sincerely,

Hester Collicutt
SEN Casework Service Manager  
Oxfordshire County Council
Email:[4][email address]

[5]www.oxfordshire.gov.uk

This email, including attachments, may contain confidential information.
If you have received it in error, please notify the sender by reply and
delete it immediately. Views expressed by the sender may not be those of
Oxfordshire County Council. Council emails are subject to the Freedom of
Information Act 2000. [6]http://www.oxfordshire.gov.uk/emaildiscl....

This email, including attachments, may contain confidential information.
If you have received it in error, please notify the sender by reply and
delete it immediately. Views expressed by the sender may not be those of
Oxfordshire County Council. Council emails are subject to the Freedom of
Information Act 2000. [7]email disclaimer. For information about how
Oxfordshire County Council manages your personal information please see
our [8]Privacy Notice.

References

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