Dear Lambeth Borough Council,

How many Lambeth pupils in the last academic year were

1) Given a fixed period exclusion (in excess of 5 days)

2) Permanently excluded.

3) Does Lambeth Council ensure pupils excluded for a fixed period of more than 5 days are set work ?

4) How many pupils have been permanently excluded by Lambeth Schools in the current academic year?
Of these pupils -
How many had been placed in other schools ?
How many placed in Pupil Referral Units ?
How many being educated at home ?
How many are yet to be placed in an alternative setting ?

Yours faithfully,

Rob Blackie

Jane Shields, Lambeth Borough Council

Information request
Our reference: IR310577

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Request details:  Freedom of Information request - Exclusions .
 
We acknowledge receipt of your request for information that was received
on 15 January 2020.

We are dealing with your request and aim to respond within 20 working
days, by 12 February 2020.
Thank you for your interest in Lambeth Council.
 
 
Yours sincerely

 Marisol Correia
 
Freedom of Information Team
London Borough of Lambeth
E-mail: [Lambeth Borough Council request email]
website: www.lambeth.gov.uk
 
Lambeth - the co-operative council
 

Disclaimers apply - full details at [1]www.lambeth.gov.uk/email-disclaimer

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centralteam, Lambeth Borough Council

Dear Mr Blackie

 

Thank you for your request for information received on 15 January 2020. 
This request is being handled under the Freedom of Information Act 2000. 
 Please find below our response to the information you requested, which
was:

 

Dear Lambeth Borough Council,

 

How many Lambeth pupils in the last academic year were

 

1)     Given a fixed period exclusion (in excess of 5 days)

2)     Permanently excluded.

3)    Does Lambeth Council ensure pupils excluded for a fixed period of
more than 5 days are set work ?

4)    How many pupils have been permanently excluded by Lambeth Schools in
the current academic year?

    Of these pupils -

How many had been placed in other schools ?

How many placed in Pupil Referral Units ?

How many being educated at home ?

How many are yet to be placed in an alternative setting ?

 

Our Response

 

How many Lambeth pupils in the last academic year were

1)     Given a fixed period exclusion (in excess of 5 days)

2)     Permanently excluded.

Statistics are not released until late August each year.  We have
therefore not provided the data for the specific period requested as we
believe the following exemption applies: Section 22 (Information intended
for future publication).  Section 22 of the Freedom of Information Act
2000 states at the time a public authority receives a request for it, (1)
Information is exempt information if—

 

(a) the information is held by the public authority with a view to its
publication, by the authority or any other person, at some future date
(whether determined or not),

 

(b) the information was already held with a view to such publication at
the time when the request for information was made, and

 

(c) it is reasonable in all the circumstances that the information should
be withheld from disclosure until the date referred to in paragraph (a).

 

The application of this exemption is subject to a public interest test.   

 

Public interest test considerations

 

Factors in favour of disclosure

 

·        Lambeth Council acknowledges that disclosure would increase
transparency and improve the public’s understanding of this issue.

 

 

Factors in favour of maintaining the exemption

 

·        Allowing the proper running of the organisation in accordance
with established practices and following procedures set down to publish
information held.

·        The timetable properly requires internal or limited consideration
of the information prior to its public release.

 

The public interest in maintaining the exemption remains as there is a
clear timetable set for the additional information to be published and to
do so any sooner would divert Council resources in officer time and
circumvent the due process for ratification of the information.

 

The latest available data relates to 2017/18 and can be viewed at:
[1]https://www.gov.uk/government/collection...

In accordance with Section 17 FOIA this communication represents a Partial
Refusal Notice for this element of your request.

 

 

3)    Does Lambeth Council ensure pupils excluded for a fixed period of
more than 5 days are set work ?

Schools have responsibility to ensure that work is provided to any pupil
having a fixed exclusion in excess of five days. Their only requirement is
to inform the Local Authority on at least a termly basis therefore the
Local Authority would be unaware of their occurrence until the requirement
for 6th day provision had passed.
4) How many pupils have been permanently excluded by Lambeth Schools in
the current academic year?
Of these pupils -
- How many had been placed in other schools ? Pupils who are placed in
other schools are not excluded.
- How many placed in Pupil Referral Units ? 6 pupils have been placed in
Pupil Referral Units following permanent exclusion from Lambeth schools.
- How many being educated at home ? No pupils educated at home post
exclusion.
- How many are yet to be placed in an alternative setting ?   As at 20
January 2020 fewer than 5* were awaiting an induction meeting.   

We can confirm that the precise information is held.  We have not provided
the precise number as the low level data, in conjunction with data
collated from other sources, could lead to the identification of specific
individuals.  We have therefore concluded that the precise information you
requested is exempt from disclosure in accordance with S40(2) of the
Freedom of Information Act - Personal Data.

 

The definition of personal data is set out in provision 3 of the Data
Protection Act 2018 as follows:-

 

(2)“Personal data” means any information relating to an identified or
identifiable living individual

 

(3)“Identifiable living individual” means a living individual who can be
identified, directly or indirectly, in particular by reference to—

(a)an identifier such as a name, an identification number, location data
or an online identifier, or

(b)one or more factors specific to the physical, physiological, genetic,
mental, economic, cultural or social identity of the individual.

 

We have noted the ICO’s Decision in the [2]Wirral Metropolitan Borough
Council case. This case involved appeals relating to Special Educational
Needs cases but we consider it analogous as the Council successfully
argued that information relating to fewer than 5 individuals should be
withheld.

 

The ICO accepted this was personal data as per paragraph 16:-

 

The Commissioner does however note that the chances of any member of the
public being able to cross-reference this information to identify specific
individuals is not high but given the low numbers involved there is a risk
that specific individuals could be identified by a person with knowledge
of special educational needs and appeals in the area. The Council has
stated that the complainant in this case is an individual who has
knowledge of this. In addition, the Commissioner recognises that other
individuals, such as parents at schools or Council employees may be able
to identify individuals. Therefore, on the balance of probabilities, the
Commissioner accepts the information is personal data.

 

Similarly we consider that other individuals with knowledge of these cases
may be able to use specific figures per category to attempt to identify
individuals.

 

I have concluded that the information does therefore constitute third
party personal data.

 

I have considered whether it would be fair to disclose the exact figures
including whether disclosure would cause any unnecessary or unjustified
damage or distress to the individual concerned; the individual’s
reasonable expectations of what would happen to their information; and
balancing the rights and freedoms of the data subject with legitimate
interests.

 

I do not consider that the individuals would expect the Council to
disclose any information which may allow them to be identified. Although I
acknowledge the legitimate interest in disclosing specific information
relating to pupil referral units, I consider that the interest has been
met by the information already disclosed.

 

In accordance with Section 17 FOIA this communication represents a Partial
Refusal Notice for this element of your request.

 

 

Right to Review

 

If you are dissatisfied with the way in which your Freedom of Information
request has been dealt with you can request an internal review.  Tell us
why you are unhappy with our response within 40 working days, and it will
be looked at afresh. We will aim to provide you with our review response
within 20 working days.

 

By email: [3][Lambeth Borough Council request email] (Please quote the reference number above)
or by writing to:

 

Freedom of Information
London Borough of Lambeth

P.O. Box 734

Winchester

S023 5DG

 

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, which regulates
the implementation of the Freedom of Information Act.  The Commissioner
can be contacted at the following address:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Enquiry line: 0303 123 1113

 

Website: [4]https://ico.org.uk/global/contact-us/

 

Thank you for your interest in Lambeth Council.

 

 

Corporate Complaints Unit

London Borough of Lambeth

Finance and Resources Department

Team Tel:  020 7926 0547

Website: [5]www.lambeth.gov.uk

 

 

If you have received this in error please delete all content and notify
the sender immediately.

 

Copyright

 

Some of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection. In
most cases the copyright will be owned by Lambeth Council.

 

Applications for permission to reproduce extracts in published works,
should be made to the Freedom of Information Co-ordinator, London Borough
of Lambeth, P.O. Box 734, Winchester, S023 5DG.  Email:
[6][Lambeth Borough Council request email]

 

You are free to use any information supplied for your own non-commercial
research or private study purposes. The information may also be used for
any other purpose allowed by a limitation or exception in copyright law,
such as news reporting.

 

However, any other type of re-use, for example by publishing the
information in analogue or digital form, including on the internet, will
require the permission of the copyright owner.

 

The copyright in other information may be owned by another person or
organisation, is indicated on the information itself.  For information
where the copyright is owned by another person or organisation you must
apply to the copyright owner to obtain their permission.

 

Direct Marketing

 

If an organisation intends to use personal names and addresses from what
has been supplied to you for direct marketing, the organisation needs to
be registered with the Information Commissioner to process Personal Data
for this purpose.

 

Organisations must also check that the individual (whom you wish to
contact for direct marketing purposes) is not registered with one of the
Preference Services to prevent Direct Marketing, if they are you must
adhere to this Preference. Follow this Link [https://ico.org.uk/] for more
information. 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disclaimers apply - full details at [7]www.lambeth.gov.uk/email-disclaimer

References

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mailto:[Lambeth Borough Council request email]
4. https://ico.org.uk/global/contact-us/
5. http://www.lambeth.gov.uk/
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