FCA’s understanding of Disability

Response to this request is delayed. By law, Children and Family Court Advisory Support Service should normally have responded promptly and by (details)

Dear Children and Family Court Advisory Support Service,

1.When a FCA knows an applicant has a “medical condition” (as stated on C100) then does the FCA understand under Equality Act 2010 that a mental or physical impairment/condition constitutes “disability” ?

2. Under what policy procedure would Cafcass “not” consider a medical condition a disability ?

Yours faithfully,

Victoria Soeder

Governance, Children and Family Court Advisory Support Service

1 Attachment

Dear Ms Soeder,

 

Thank you for your email.

 

Please accept this as formal acknowledgement of your Freedom of
Information request which was received by Cafcass on 01 December 2018.

 

Your reference number is CAF18-138.

 

We aim to respond to your promptly, and at the latest 20 working days from
receipt of your request. You will therefore receive a response on or
before 02 January 2019.

 

Kind regards,

 

Governance Team | Cafcass

* [1][CAFCASS request email] | ü [2]www.cafcass.gov.uk 

[3]Cafcass_Logo_2014_email

 

 

 

 

 

show quoted sections

Governance, Children and Family Court Advisory Support Service

2 Attachments

Dear Ms Soeder,

 

Thank you for email. Please find attached our Freedom of Information
request.

 

Kind regards,

 

Governance Team | Cafcass

* [1][CAFCASS request email] | ü [2]www.cafcass.gov.uk 

[3]Cafcass_Logo_2014_email

 

 

 

 

 

Cafcass email addresses have changed to end in @cafcass.gov.uk. Please
ensure you update your address book. For more information on this change
please see our  [4]website

show quoted sections

Dear Children and Family Court Advisory Support Service,

I write to advise you that I am dissatisfied with your response to my request as you have not answered my specific question :

1a When a FCA knows an applicant has a “medical condition” then does the FCA ‘UNDERSTAND’ under the Equality Act 2010 that a mental or physical impairment/ condition CONSTITUTES DISABILITY ?

You have answered what is in your policy but have ‘stopped short’ in answering my question. I am now asking you to answer the question “when a FCA knows an applicant has a medical condition then does the FCA understand under the Equality Act 2010 that a mental or physical impairment “constitutes” disability ? Please ‘simply’ answer the question with yes or no.

I am well aware that Cafcass are subject to the provisions of the Equality Act 2010 and I already know what the legislation states.

1b In real terms I am asking if your FCA’s have a “ full undertaking of knowledge of their legal requirements under the 2010 Equality Act ? i.e: does their practice match or even remotely meet the “minimum statutory requirements and obligations of the legislation “ to ‘ensure’ no disability discrimination occurs ?

2a Having read your “Diversion and inclusion strategy” it appears that the policy only applies to :
The child
The internal staff of Cafcass
and
The Cafcass entity itself.

There is no reference/ provision within your policy and your ‘actual practice’ for diversity nd inclusion of : “disabled parents/grandparents” or “any disabled service users other than children or your staff.

a Please therefore state why your policy excludes disabled parents/grandparents and adults ?
and
b. Please state directly in clear and legible and disability accessible “language” that a disabled person can easily understand “how” an FCA affords a disabled adult either parents or grandparents “protection” specifically under the 2010 Equality Act.
c. Please state the relevant policy that “outlines clearly” to an FCA how to work with disabled adults to ensure disabled adults are protected in law ?

3 Lastly, I presume you have responded in a “grammatically” incorrect manner in you response to question 1.
Where you write “ Cafcass and it’s staff OUR subject to the provisions of the Equality Act. Can you explain what that sentence means ? and if the response is grammatically incorrect can you correct your answer so that it is meaningful as it is not meaningful as it stands. Do you mean “ Cafcass and it’s staff ARE subject to the provisions of the Equality Act” ? Please clarify specifically here.

Please ensure an independent person reviews this request

Your faithfully
Victoria Soeder

Yours faithfully,

Victoria Soeder

Governance, Children and Family Court Advisory Support Service

1 Attachment

Dear Ms Soeder,

 

Thank you for your email which let us know that you were unhappy with the
decision made in the FOI response CAF18-138 and request a review of the
decision.

 

This email serves to acknowledge that your request was received on 15
December 2018 and will be dealt with under the terms of the Freedom of
Information Act 2000.

 

A Senior Officer who was not party to the original decision on whether to
release the information will conduct the internal review. An internal
review involves a review of the decision on disclosure in the original
response and the way in which the request was handled. The internal
reviewer can either uphold or overturn the original decision.

 

Cafcass will notify you as to the final decision made regarding your
internal review 20 working days from receipt of your request. You will
therefore receive a response on or before 09 January 2019.

 

Kind regards,

 

Governance Team | Cafcass

* [1][email address] | ü [2]www.cafcass.gov.uk

[3]Cafcass_Logo_2014_email

 

 

show quoted sections

Governance, Children and Family Court Advisory Support Service

2 Attachments

Dear Ms Soeder,

 

Thank you for your email. Please find attached our response to the
internal review of  your Freedom of Information request.

 

Kind regards,

 

Governance Team | Cafcass

* [1][CAFCASS request email] | ü [2]www.cafcass.gov.uk 

[3]Cafcass_Logo_2014_email

 

 

 

 

Cafcass email addresses have changed to end in @cafcass.gov.uk. Please
ensure you update your address book. For more information on this change
please see our  [4]website

show quoted sections

Dear Children and Family Court Advisory Support Service,

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

I am writing to request an internal review of Children and Family Court Advisory Support Service's handling of my FOI request 'FCA’s understanding

Question 1a appears not to be answered. If this is a oversight on your part please answer the question

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

Yours faithfully,

Victoria Soeder

Governance, Children and Family Court Advisory Support Service

2 Attachments

Dear Ms Soeder,

 

Thank you for your email.

 

Please note that you have previously requested an Internal Review of our
response to your Freedom of Information request (CAF18-138) on 15 December
2018. This was responded to by Cafcass on 03 January 2019. Please find our
response to your request for an Internal Review attached.

 

As stated in our response, Cafcass FCAs understand that a mental or
physical impairment constitutes a disability and are required to ensure
their practice complies with the 2010 Equality Act.

 

Our response to your request for an internal review marks the end of the
internal review process. If you are dissatisfied with the way the internal
review is handled or with the final decision made at that review about the
information released, you are free to contact the Information
Commissioner’s Office (https://ico.org.uk/):

 

Kind regards,

 

Governance Team | Cafcass

* [1][CAFCASS request email] | ü [2]www.cafcass.gov.uk 

[3]Cafcass_Logo_2014_email

 

 

 

 

 

show quoted sections

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org