Helpline Regarding Illegal Delays in Social Care

Paul Cardin made this Freedom of Information request to Wirral Metropolitan Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Response to this request is long overdue. By law, under all circumstances, Wirral Metropolitan Borough Council should have responded by now (details). You can complain by requesting an internal review.

Dear Wirral Metropolitan Borough Council,

Please follow this link to the council's website:

http://www.wirral.gov.uk/news/12-04-2012...

Within the information held here, the then council leader Jeff Green advised that he would be demanding regular updates from the independent team of social workers set up to deal with the "disgraceful period in adult social services."

Please supply appropriately redacted copies of all the updates that have passed from the helpline team to Jeff Green. If they were not passed to him, please pass copies of them to me.

Please supply appropriately redacted copies of all the findings that have been recorded by the helpline team and its supervising manager.

Please supply the completed, ultimate findings, decisions and planned actions of the helpline team and its supervising manager, redacted if required.

Please provide information to confirm that the change of power at the council will not have had an impact on the work of this helpline team, and that it will be allowed to complete its work.

If it is scrapped, altered or reviewed in any way, please provide the recorded information describing the reasoning for making these changes, reviewing or scrapping,

Yours faithfully,

Paul Cardin

Dear Wirral Metropolitan Borough Council,

Please acknowledge receipt of the above FoI request; also please confirm that it has been passed to the appropriate department,

Yours faithfully,

Paul Cardin

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Hello Paul Cardin

 

Thank you for your further correspondence, Wirral Council acknowledges
your enquiry and will contact you presently with any recorded information
we are able to provide.  Your enquiry is currently with the department of
adult social services. 

 

Kind regards

 

Tracy O'Hare

FOI Co-ordinator

CH41 6BU

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988.   You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge

 

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Dear Wirral Metropolitan Borough Council,

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

I am writing to request an internal review of Wirral Metropolitan Borough Council's handling of my FOI request 'Helpline Regarding Illegal Delays in Social Care'.

You have failed to contact me as promised. As you are now in breach of the Act, please ask a qualified individual to perform an internal review of this request.

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

Yours faithfully,

Paul Cardin

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Good Afternoon

 

Wirral Council apologises for the delay in responding to your query. The
Department of Adult Social Service has provided the following response to
your queries:

 

We are unable to respond fully to your request as an independent Report
into “Adult Social Services Helpline:  4 weeks delay to Community Care
packages of support” will be published on the Council’s website before the
end of the year.

 

The exemption the Council has relied on is detailed below.

 

The Council considers that the exemption contained in Section 22 of the
FOI Act 2000, applies to your request for information, (in respect of the
information currently held in Draft form) in that the information
requested, is held by the authority with a view to its publication by the
authority or any other person, at some future date, as a final report. 

 

 The information was already held with a view to such publication at the
time your request for information was made and it is reasonable in all the
circumstances that the information in Draft form should be withheld from
disclosure until the date determined for future publication.

 

The Helpline was in operation for the full 4 week period (Monday 19 March
to Friday 13 April 2012). Wirral Council thanks you for your patience and
I hope you find this information of use.

 

Thank you for your enquiry, kind regards.

 

Tracy O'Hare

Information Management

Wirral Council

 

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988.   You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge

 

 

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Dear InfoMgr, FinDMT,

Thank you for your response (vague as it is). You have not explained why you sat on the information, stayed quiet and did not respond within 20 working days, preferring it seems to breach statutory law and leave the response until August.

Please confirm that you hold ALL of the following information in draft form or whatever form, and that you held it at the time of my original request:

1. Copies of all the updates that have passed from the helpline team to Jeff Green. If they were not passed to him, please pass copies of them to me.

2. Copies of all the findings that have been recorded by the helpline team and its supervising manager.

3. Completed, ultimate findings, decisions and planned actions of the helpline team and its supervising manager, redacted if required.

4. Information to confirm that the change of power at
the council will not have had an impact on the work of this helpline team, and that it will be allowed to complete its work.

Numbered responses to each item please.

Please also confirm that the Independent Report you are planning to publish will hold ALL of the following:

1. Copies of all the updates that have passed from the helpline team to Jeff Green. If they were not passed to him, please pass copies of them to me.

2. Copies of all the findings that have been recorded by the helpline team and its supervising manager.

3. Completed, ultimate findings, decisions and planned actions of the helpline team and its supervising manager, redacted if required.

4. Information to confirm that the change of power at
the council will not have had an impact on the work of this helpline team, and that it will be allowed to complete its work.

Numbered responses to each item please.

If you did not hold ALL of the above information at the time of my request, or you are not planning to publish ALL of the above information, Section 22 of the Act is not engaged.

Given your tardiness to date, I would appreciate a quick response to these queries. If you fail to respond, or respond in the negative, I will challenge your Section 22 exemption and appeal to the Information Commissioner,

Yours sincerely,

Paul Cardin

Paul Cardin left an annotation ()

Email sent today to Director Graham Hodkinson asking whether the info, in its entirety, has been published yet. If not, what's the latest?

Hopefully, there'll be a link to the information posted here soon.

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

2 Attachments

Good afternoon

 

Thank you for your further correspondence, Wirral Council apologies for
the delay in response to your initial enquiry.  Wirral Council is able to
provide the following information.

 

Please find below response alongside your queries and attachments referred
to. Please note information provided has been redacted so as not to
identify individuals as this would breach the requirements of The Data
Protection Act 1998 and leave the Council open to a claim that we have
inappropriately disclosed Personal Data.

 

Please confirm that you hold ALL of the following information in

     draft form or whatever form, and that you held it at the time of my

     original request:

    

     1. Copies of all the updates that have passed from the helpline

     team to Jeff Green. If they were not passed to him, please pass

     copies of them to me.

 

Wirral Council can confirm this was held at the time; please find redacted
copies attached.  Please note information provided has been redacted so as
not to identify individuals as this would breach the requirements of The
Data Protection Act 1998 and leave the Council open to a claim that we
have inappropriately disclosed Personal Data.

The Council considers that this information is exempt from disclosure
under Section 40(2) of the FOIA as it contains personal data.  The council
considers that it would be unfair on any individual concerned to disclose
this personal data and therefore would be in breach of the 1^st principle
of the DPA 1998.

 

 

    

     2. Copies of all the findings that have been recorded by the

     helpline team and its supervising manager.

    

There were no finding recorded by helpline staff. The findings from the
helpline are recorded in the Report recorded in the previous answer

 

     3. Completed, ultimate findings, decisions and planned actions of

     the helpline team and its supervising manager, redacted if

     required.

    

This relates to complaints raised by individuals these cannot be shared as
personal data. The Report referred to in the earlier answer provides non
case specific information referred to

 

 

     4. Information to confirm that the change of power at

     the council will not have had an impact on the work of this

     helpline team, and that it will be allowed to complete its work.

 

The change of the Council had no impact upon the work of the helpline. The
helpline completed work as planned

 

    

     Numbered responses to each item please.

    

     Please also confirm that the Independent Report you are planning to

     publish will hold ALL of the following:

    

     1. Copies of all the updates that have passed from the helpline

     team to Jeff Green. If they were not passed to him, please pass

     copies of them to me.

 

No – it a summary of calls received

    

     2. Copies of all the findings that have been recorded by the

     helpline team and its supervising manager.

 

As above there were no findings recorded by the helpline team

    

     3. Completed, ultimate findings, decisions and planned actions of

     the helpline team and its supervising manager, redacted if

     required.

 

As above there were no findings recorded by the helpline team

 

    

     4. Information to confirm that the change of power at

     the council will not have had an impact on the work of this

     helpline team, and that it will be allowed to complete its work.

    

As stated above there was no impact

 

     Numbered responses to each item please.

    

     If you did not hold ALL of the above information at the time of my

     request, or you are not planning to publish ALL of the above

     information, Section 22 of the Act is not engaged.

    

     Given your tardiness to date, I would appreciate a quick response

     to these queries. If you fail to respond, or respond in the

     negative, I will challenge your Section 22 exemption and appeal to

     the Information Commissioner,

 

 

 

You have the right under Section 17 of the Freedom of Information Act 2000
to ask for an internal review of the refusal to some of the information
requested.  Please would you direct any request for an internal review to
Mr Michael Rowan, Legal and Member Services, Department of Law, HR and
Asset Management, Town Hall, Brighton Street, Wallasey, CH44 8ED

 

You do also have the right to complain to the information Commissioner, if
you are dissatisfied with the outcome of any internal review, whose office
is situated at:  Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Tel: 08456 30 60 60 or 01625 54 57 45

Fax: 01625 524510  [1]www.ico.gov.uk <[2]http://www.ico.gov.uk/>

 

 

Thank you for your enquiry, I hope this information answers your queries.

 

Kind regards

 

Tracy O'Hare

Information Management

Wirral Council

 

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988.   You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge

 

 

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Pete Sheffield left an annotation ()

This looks like an admission to a 4 week delay in care.

Dear InfoMgr, FinDMT,

I am not satisfied with your response, which is inadequate and once again is in breach of the FOIA.

You are incorrect and mistaken in offering me a SECOND internal review, having ignored my first review request, made in July 2012. It is now my statutory right within the Act to appeal to the ICO against the information which you eventually got round to supplying.

The information referred to in the "Leader's Meeting" link is not considered and selective, and has been very heavily and incorrectly obliterated, breaching DPA guidelines. Your actions therefore do not represent a desire to protect personal privacy and identities and have encompassed far more, by placing obstacles in the path of the free and fair flow of information.

You have failed to identify the name and organisation of the "independent investigator". Protecting such an individual's privacy, if that was your intention, also flies in the face of all concepts of openness and the legitimate public interest.

I will now be appealing to the Information Commissioner,

Yours sincerely,

Paul Cardin

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Good Afternoon,
Thank you for your email below, advising us of your intention to appeal to the ICO.
Kind Regards
Jane Corrin
Information Manager
Wirral Council

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Paul Cardin left an annotation ()

The report into the Four Week Delay was not however "Independent".

According to senior manager Steven Rowley (now departed from Wirral) the person selected to carry it out, Rob Vickers, failed to declare beforehand that he had no prior association with Wirral Council. His findings are therefore invalidated as he did not prove his independence.

He found that there was no case to answer.

When the 'dust had settled', Rob Vickers' company was provided with work, one could even say "rewarded", at a day rate of £515 - which equates to over £100,000 per year.

There is much more analysis here:

http://wirralinittogether.wordpress.com/...

And here:

http://wirralinittogether.wordpress.com/...