EHCP refusal to assess and refusal to issue EHC plan data

The request was partially successful.

Dear Swindon Borough Council,

I seek data pertaining to the following for the year 2019 and 2020 year to date. I trust you’ll accept that these are considered objective KPI’s for department management and expected to be available in a timely manner.
If you believe this to go beyond the FOI time limit, please provide the period of time for which you judge you are able.

Statutory Assessment for EHC plans
Number of requests for statutory assessment received

Number of Refusals to assess issued by SBC

Number of refusals overturned at mediation

Number of refusals overturned following appeal, but prior to a tribunal hearing.

Number of refusals overturned by tribunal appeal

Number of refusals upheld by tribunal

Total number of assessments performed

EHC Plans
Number of Assessments which resulted in an EHC plan “refusal to issue”

Number of Assessments which resulted in the issue of an EHC plan without mediation or tribunal appeal.

Number of “refusal to issue” EHC plan which were overturned at mediation.

Number of “refusal to issue” EHC plan which were overturned after appeal, but before the tribunal hearing.

Number of “refusal to issue” EHC plan overturned by a tribunal decision

Number of “refusal to issue” EHC plan upheld by tribunal decision

Total number of EHC plans issued.

Yours faithfully,

Tauben Tenty

Customer Services, Swindon Borough Council

Thank you for your email which has been forwarded to the relevant department for them to respond to you directly.

Kind regards

Customer Services
Swindon Borough Council
Wat Tyler House
Swindon SN1 2JG
Phone: 01793 445500

E-mail: [Swindon Borough Council request email]
Website: www.swindon.gov.uk

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Swindon Borough Council

[1]Swindon Borough Council
Dear Tauben Tenty,

Case reference number: FOI003291

Thank you for your request. The Freedom of Information Act creates two
general rights in relation to information:

 1. The right to be told whether or not the information requested is
held
 2. The right to be given that information within 20 working days

A response to your request for information will be sent to you promptly;
and in any event no later than 25/11/2020. Please allow postal time.

If you have a My Account you can follow the progress of your request by
logging back in to your [2]Account. If you don't have an account and you
would like one, please [3]contact us and we will send you an invite to
My Account, so you can view your case.

Kind regards, 

Freedom of information officer
Swindon Borough Council

References

Visible links
1. https://myaccount.swindon.gov.uk/q
2. http://myaccount.swindon.gov.uk/q/login
3. mailto:[Swindon Borough Council request email]?subject=Invite%20to%20My%20Account

Dear Swindon Borough Council,

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

I am writing to request an internal review of Swindon Borough Council's handling of my FOI request 'EHCP refusal to assess and refusal to issue EHC plan data'.

By law, the authority should normally have responded promptly and by 25 November 2020

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

Yours faithfully,

Tauben Tenty

Swindon Borough Council

1 Attachment

[1]Swindon Borough Council
Dear Tauben Tenty,

Case reference number: FIR000038

Thank you for your request. The Freedom of Information Act creates two
general rights in relation to information:

 1. The right to be told whether or not the information requested is
held
 2. The right to be given that information within 20 working days

A response to your request for information will be sent to you promptly;
and in any event no later than 29/12/2020. Please allow postal time.

If you have logged this request through your My Account you can follow
the progress of your request by logging back in to your [2]Account. If
you don't have an account and you would like one, please [3]contact us
and we will invite you so you can view the above case.

Kind regards, 

Freedom of Information Officer
Swindon Borough Council

References

Visible links
1. https://myaccount.swindon.gov.uk/q
2. http://myaccount.swindon.gov.uk/q/login
3. https://www.swindon.gov.uk/info/20022/cu...

Dear Swindon Borough Council,

Your automated reply is unclear that you are handling an internal review. It states as though a new FOI request has been issued.

For sake of clarity, the request for internal review (FIR000038) is to investigate the reasons for delay of the original FOIA request (FOI003291) which was due ordinarily no later than 25th November 2020.

Yours faithfully,

Tauben Tenty

Freedom of Information, Swindon Borough Council

4 Attachments

Dear Tauben Tenty,

Ref FW:FIR000038 Internal review of Freedom of Information request
-FOI003291 EHCP refusal to assess and refusal to issue EHC plan data

 

Thank you for your email received in our office on 26^th November, 2020.

I am in the process of investigating why you did not receive a response to
your Freedom of Information request within the 20 day statutory deadline.

We do apologies for the delay, which I understand has been partly caused
by additional pressures on staff due to the pandemic.

 

The complaints / review procedure has two stages. Initially, it involves a
full review by me if we cannot resolve the matter to your satisfaction,
you also have the option of referring it to the Information Governance
Manager .

 

If you are not content with the outcome of our conclusion, you may apply
directly to the Information Commissioner's Office for a decision, before
we have completed our investigation. Generally, the ICO cannot make a
decision unless you have exhausted the Council's own complaints procedure.

 

The Information Officer can be contacted at:

 

The Information Commissioner's Office,

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Email: [email address]

Tel: 01625 545700 (ask for Freedom of Information)

 

 

We plan to resolve this matter as soon as possible or no later than 4^th
December, 2020. You will be kept fully informed of our progress.

If you require any further information concerning this matter, please
contact me as detailed, quoting the above reference numbers in any future
communications.

 

Yours sincerely,

 

 

Sharon Druett

Freedom of Information Officer

Information Governance

 

Information & Technology

Swindon Borough Council

[mobile number]

[1]www.swindon.gov.uk

 

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[3]cid:image002.png@01D64961.E066D7E0     [4]instagram
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Customer Services, Swindon Borough Council

Dear Tauben

Thank you for your email. We have forwarded your email to the freedom of information officer to respond to you directly.

Kind regards,

Customer Services
Swindon Borough Council
Wat Tyler House
Swindon SN1 2JG
Phone: 01793 445500
Website: www.swindon.gov.uk

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Dear Customer Services,

Unfortunately no response has yet been received either in regard to the original request (FOI003291) due ordinarily no later than 25th November 2020

Nor

The internal review (FIR000038) where you had committed a response by 4th December 2020

The statutory non-compliance has now been referred to the information commissioner for enforcement.

Yours sincerely,

Tauben Tenty

Sharon Druett, Swindon Borough Council

5 Attachments

 

Dear Tauben Tenty,

 

Ref FW:FIR000038 Internal review of Freedom of Information request
-FOI003291 EHCP refusal to assess and refusal to issue EHC plan data

 

Please find the attached in response to your request. We do apologise for
the further delay. We did plan to send you the attached response on 4^th
December, 2020.

But unfortunately, due to staff shortages this was not possible. We are
sorry for any inconvenience this may have caused you

 

As advised on 27^th November, if I have not resolved the matter to your
satisfaction, you also have the option of referring it to the Information
Governance Manager, [1][email address], who will carry out a full review
of why there has been a delay.

 

If you are not content with the outcome of our conclusion, you may apply
directly to the Information Commissioner's Office for a decision, before
we have completed our investigation. Generally, the ICO cannot make a
decision unless you have exhausted the Council's own complaints procedure.

 

The Information Officer can be contacted at:

 

The Information Commissioner's Office,

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Email: [2][email address]

Tel: 01625 545700 (ask for Freedom of Information)

 

If I can be of any further assistance, please get back to me.

 

 

Yours sincerely,

 

 

Sharon Druett

Freedom of Information Officer

Information Governance

Information & Technology

Swindon Borough Council

[mobile number]

[3]www.swindon.gov.uk

 

[4]cid:image001.png@01D64961.E066D7E0   
[5]cid:image002.png@01D64961.E066D7E0     [6]instagram
96dpi                                                               
[7]cid:image004.png@01D66719.5F494910

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