EHC assessments and social care advice and information

Educational Rights Alliance (ERA) made this Freedom of Information request to North Yorkshire 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.

Educational Rights Alliance (ERA)

Dear North Yorkshire County Council,

Regulation 6 Special Educational Needs and Disability Regulations 2014 sets out the advice that the Local Authority must secure as part of an Education Health and Care Needs Assessment. Part of that Regulation requires that advice and information in relation to social care is obtained during the EHC Needs Assessment.

Please advise the following with regard to EHC Needs Assessments from Sep 2014 to date, on a year by year basis. Do include new applications and transfers from Statement of SEN and LDA.

1. How many EHC Needs Assessments were carried out?

2. How many of (1) included a social care assessment?

3. How many of (2) were new to social care?

4. Where a social care assessment was NOT carried out as part of the EHC Needs Assessment for a child or young person NEW to social care, what social care advice was provided?

Yours faithfully,

Educational Rights Alliance (ERA)

North Yorkshire County Council

Thank you for contacting North Yorkshire County Council (NYCC). We confirm
that we have received your correspondence.
 
If you have submitted a new Freedom of Information (FOI) or Environmental
Information Regulations (EIR) request to NYCC - we will contact you as
soon as possible if we need any more information from you to respond to
your request. If we do not need any more information we will pass your
request onto the appropriate officer to respond. A response will be sent
to you as soon as possible, and within 20 working days as required by the
relevant legislation.
 
If you have requested an internal review of an FOI or EIR response sent to
you by NYCC or otherwise expressed dissatisfaction about an FOI or EIR
response – we will respond to you as soon as possible and within 20
working days, in accordance with best practice guidance.
 
If you have raised a data protection concern about the way in which NYCC
has handled your personal information – we will respond to you as soon as
possible and within 20 working days, in accordance with legal
requirements/best practice guidance.
 
If you have asked to be removed from a mailing list – we will forward your
request onto the relevant department for action.
 
If your correspondence relates to an existing case - we will forward it to
the relevant officer for consideration and action as required.
 
Copied correspondence - we do not respond to correspondence that has been
copied to us.
 
For any other enquiry – NYCC will contact you shortly.
 
If your enquiry is urgent and you request an immediate response please
call the information governance team on 01609 532526.
 
Yours faithfully
 
The information governance team

Catherine McGuinness, North Yorkshire County Council

1 Attachment

Dear Educational Rights Alliance

 

 

Thank you for your request for information regarding EHC Needs
Assessments. 
Please see our response below:

 

 

1.      How many EHC Needs
Assessments were carried
out?
2017
New 2014 2015 2016 to
EHCP's date
50 259 385 396
2017
Transfer 2014 2015 2016 to
Review date
287 660 487 237

 

 

2.      How many of (1)
included a social care
assessment?
2017
2014 2015 2016 to
New date
EHCP's *5
or 52 61 52
less
2017
Transfer 2014 2015 2016 to
Review date
0 0 22 26

 

* Information on figures of 5 or less has been withheld. This is because
the numbers are so low that it is possible that those who already know, or
can deduce, the identities of those concerned would learn facts about them
that it would be unfair for the council to disclose. Therefore the numbers
are withheld under Section 40(2) of the Freedom of Information Act 2000
which exempts personal information from disclosure if disclosure would
breach one or more principles of the Data Protection Act 1998. In this
case we consider that disclosure would breach the first principle, namely
that personal information must be fairly and lawfully processed and must
meet one of the conditions for processing as provided by schedule 2 of the
Act. In this case we consider that the disclosure would be unfair and
unlawful and none of the conditions for processing would be met.

 

Please find attached the Council’s appeals procedure for your information.

 

 

**Please note, in order to ascertain if a social care assessment took
place at a time close to the request for assessment / transfer review, we
would have to look through 2,761 individual cases, which would take in
excess of 18 hours to collate.  As such, we have provided figures that
relate to individuals who have had a request for advice as part of the
Education, Health and Care Plan assessment process,

 

 

3.     
How
many of
(2)
were
new to
social
care?
**

 

 

 

4.     
Where a
social
care
assessment
was NOT
carried
out as
part of
the EHC
Needs
Assessment
for a
child or
young
person NEW
to social
care, what
social
care
advice was
provided?
**

 

 

**I can confirm that we do hold this information but unfortunately it is
not in an easily retrievable format nor is there an automated mechanism
that would allow us to easily collate the requested data. In order to
obtain this information the Council would have to look through 217
individual cases which, at approximately 15 minutes spent reviewing each
case, would amount to in excess of 18 hours.

 

Section 12 of the Freedom of Information (FOI) Act 2000 states that the
Council is not obliged to comply with a request for information if the
authority estimates that the costs of complying with the request would
exceed the appropriate limit. The Freedom of Information and Data
Protection (Appropriate Limit and Fees) Regulations 2004 has set the
appropriate limit as £450, based on a charge at £25 per hour.

 

The appropriate limit equates to one person spending 18 hours on the
following actions:

o determining whether the Council holds the information requested, and
o locating, retrieving and extracting the information requested.

 

Unfortunately the large amount of work required to respond to your
request, as described above, would exceed this limit. Consequently the
Council is not obliged to respond to your request.

 

If you are able to narrow the scope of your request, we would be happy to
consider whether we could respond to a revised request in under 18 hours. 
Any reformulated request will be treated as a new FOI request.

 

Please find attached the Council’s appeals procedure for your information.

 

 

Kind Regards

Fiona Nicholson left an annotation ()

They have only set it out on the page, not in an attachment?