Improvement capacity for children's social care

Waiting for an internal review by Department for Education of their handling of this request.

Dear Department for Education,

In the letter of Edward Timpson MP to Prof Julian Le Grand 27th
March 2014 responding to the recommendations of the Le Grand review
of Birmingham’s children’s social care the Children’s Minister
requested that the Le Grand review panel oversee two further pieces
of work.

a. external study of improvement capacity can be created or
promoted in the children’s services system. That is, to ensure that
a range of intervention options are available when local
authorities are failing to protect children and young people. This
external study was to report in September 2014

b. this was to be followed by a second piece of work, reporting in
December 2014, which will look at the future commissioning of
services in Birmingham.

Can the DFE publish the external study of improvement capacity and
the report into the future commissioning services in Birmingham?

This is a repeat request for this information, the reference for the original request is FoI reference number 2015-0017520. This request was made 8 months ago and there has been an opportunity for the DfE to have published this information in the intervening period. The intention to publish this report at a future date was given as grounds for refusing this request. Due to the significant elapse of time these grounds do not now seem to be reasonable.

I have undertaken a search of the DfE website and cannot find this report. If it has indeed been published could you please provide a link to where it can be accessed.

Yours faithfully,

Jolyon Jones

Department for Education

Dear Jolyon

 

Thank you for your recent enquiry. A reply will be sent to you as soon as
possible. For information; the departmental standard for correspondence
received is that responses should be sent within 20 working days as you
are requesting information under the Freedom of Information Act 2000. Your
correspondence has been allocated reference number 2015-0054704.

 

Thank you

 

Department for Education

Ministerial and Public Communications Division

Tel: 0370 000 2288

 

 

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Department for Education

Dear Mr Jones,

Thank you for your request for information, which was received on 7 December 2015. You requested the Department provide copies of:

a. the report by LaingBuisson exploring ways to develop capacity and diversity for the provision of children’s social care services in England.

b. the report by Lord Warner into the future commissioning services in Birmingham.

I am dealing with your request under the Freedom of Information Act 2000 (“the Act”).

Further to my colleague Vas Patel’s response, of 3 June 2015, the Department holds the information you have requested. However, Section 22 of the Act ‘Information intended for future publication’ still applies with regard to both documents.

As Vas explained in his previous correspondence Section 22 of the Act is a qualified exemption which means that a public interest test needs to be carried out, and in doing so the following factors have been considered:

* It is acknowledged that there is a general public interest in disclosure because of the need for there to be open and transparent government and that the sharing of information with the public should be free and open.
* However, the public interest in permitting the Government to publish information in a manner and at a time of its own choosing is also important. It is part of the effective conduct of public affairs that the general publication of information is a conveniently planned and managed activity within the reasonable control of the public authority.
* It is not reasonable for the Government to be expected to release piecemeal information in advance of its planned timetable.

The Act obliges the Department to respond to requests promptly, and in any case no later than 20 working days after receiving your request. However, where the exemption listed above is applicable, the Department must consider whether the public interest lies in disclosing or withholding the information. In these circumstances the Act allows the time for response to be longer than 20 working days.

In your case the Department estimates that it will take an additional 20 working days to take a decision on where the balance of the public interest lies. I understand that this is frustrating and thank you for your patience so far. I hope that you will receive a response to your request by 4 February. If it appears that it will take longer than this to reach a conclusion, we will keep you informed.

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

If you are unhappy with the way your request has been handled, you should make a complaint to the Department by writing to me within two calendar months of the date of this letter. Your complaint will be considered by an independent review panel, who were not involved in the original consideration of your request.

If you are not content with the outcome of your complaint to the Department, you may then contact the Information Commissioner’s Office.

Yours sincerely,

Adam Fry

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Department for Education

Dear Mr Jones,
Thank you for your request, received on 7 December, under the Freedom of Information Act 2000 (“the Act”) in which you requested the Department provide copies of:
a. the report by LaingBuisson exploring ways to develop capacity and diversity for the provision of children’s social care services in England.

b. the report by Lord Warner into the future commissioning services in Birmingham.
On 8 January Adam Fry confirmed that the Department does hold information falling within the terms of your request. He explained that when a qualified exemption requiring a public interest test applies to the information, the Act allows the time for response to be longer than 20 working days, and a full response must be provided within such time as is reasonable in all circumstances of the case. Adam indicated that we hoped to provide you with a response by 4 February, and that if it appeared that it would take longer to reach a conclusion we would let you know. I am afraid that a further delay will indeed be necessary in relation to the LaingBuisson report, and I am therefore emailing to let you know.
We estimate that it will take an additional 20 working days to reach a decision on where the balance of the public interest lies, and to provide you with a full reply. I apologise for the fact that this is later than originally planned, but we hope now to let you have the response by Wednesday 2 March. I do hope that you will understand that this delay is due to the fact that the Department is trying to fulfil your request in a conscientious and thorough manner. If it appears that it will take longer than this to reach a conclusion, we will keep you informed, and if it is possible to provide you with a substantive response sooner we shall of course do so.
In relation to the Lord Warner report, I can confirm that the Department has received this and has considered it in relation to its intervention in to the provision of children’s social care services in Birmingham. As the purpose of the report was solely related to the development of government policy, we consider that it should be withheld under section 35 of the Act, which covers information which relates to the formulation or development of government policy. This provision allows for information to be withheld in certain instances, including where Ministers and officials need to consider various options at an early stage of policy formulation away from the public gaze. The purpose of this exemption is to allow for suggestions to be made and considered, which might not be made if options were to be exposed to the public.
The exemption in section 35 is subject to the public interest test, which means that when the exemption is engaged it is necessary to consider whether in all the circumstances of the case, the public interest in withholding the information outweighs the public interest in disclosure. In balancing the public interest, the Department has taken into account that considerations for disclosure add up to an argument that more openness about the process may lead to better quality policy formulation and development, greater accountability, an improved standard of public debate, and improved trust.
Conversely, it is in the public interest that the formulation of government policy and government decision-making can proceed in the self-contained space needed to ensure that it is done well. Good government depends on good decision-making and this needs to be based on the best advice available and a full consideration of the options. Without protecting the thinking space and the ability for Ministers and senior officials to receive free and frank advice, there is likely to be a corrosive effect on the conduct of good government, with a risk that decision-making will become poorer and will be recorded inadequately.
In this particular case, we believe that there would have been less free and frank discussion of options if it had been anticipated that the report would be published. If this report were to be released now, it is likely that any future reports, options or recommendations would be expressed in less candid terms, meaning that Ministers could be less well sighted in taking decisions which could affect the life chances of a large number of vulnerable children. On balance, it is therefore the Department's view that the public interest in non-disclosure outweighs the public interest in disclosure.
The Department takes its responsibilities under the Freedom of Information Act very seriously, and always seeks to respond to enquiries openly and fully in the spirit of the Act. But if you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of our decision, you should write to me quoting reference 2015-0054704.
If you are not content with the outcome of your complaint to the Department, you may then contact the Information Commissioner’s Office.

 Patricia Malcolm 

Web: https://www.education.gov.uk<https://www.education.gov.uk/>
Twitter: https://www.twitter.com/educationgovuk
Facebook: https://www.facebook.com/educationgovuk

[https://www.education.gov.uk/images2/iri...

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Department for Education

Dear Mr Jones,

 

 

 

I I am resending the reply below in case it has not gone through our
correspondence system.

 

Thank you.

 

Patricia

 

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Department for Education

1 Attachment

Dear Mr Jones

  

You have requested that the Department provide a copy of the report
commissioned by children's minister Edward Timpson to "look at developing
capacity for delivering children's services outside of local authorities”
which was received on 7 December 2015.  I am dealing with your request
under the Freedom of Information Act 2000 (“the Act”).
 
The Department does hold information falling within the terms of your
request. When a qualified exemption requiring a public interest
test applies to the information the Act allows the time for response to be
longer than 20 working days, and a full response must be provided within
such time as is reasonable in all circumstances of the case. I indicated
that we hoped to provide you with a response by 2 March, and that if it
appeared that it would take longer to reach a conclusion we would let you
know. I am afraid that a further delay will indeed be necessary and I am
therefore emailing to let you know.

 

We estimate that it will take an additional 20 working days to reach a
decision on where the balance of the public interest lies, and to provide
you with a full reply. I apologise for the fact that this is later than
originally planned, but we hope now to let you have the response
by Wednesday 30 March. I do hope that you will understand that this delay
is due to the fact that the Department is trying to fulfil your request in
a conscientious and thorough manner. If it appears that it will take
longer than this to reach a conclusion, we will keep you informed, and if
it is possible to provide you with a substantive response sooner we shall
of course do so.

 

The Department takes its responsibilities under the Freedom of Information
Act very seriously, and always seeks to respond to enquiries openly and
fully in the spirit of the Act. But if you are unhappy with the service
you have received in relation to your request and wish to make a complaint
or request a review of our decision, you should write to me quoting 
reference 2015-0054704.

 

If you are not content with the outcome of your complaint or the review,
you may apply directly to the Information Commissioner for a decision. 
Generally, the ICO cannot make a decision unless you have exhausted our
complaints/review procedure.

 

Yours sincerely

 

 

 

Patricia Malcolm

 Web:                [1]www.gov.uk/dfe

Twitter:            [2]@educationgovuk

Facebook:       [3]www.facebook.com/educationgovuk

 

 [4]Description: Description: Description: Description:
cid:image001.png@01CD10C9.42884470

 

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References

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Department for Education

1 Attachment

Dear Mr Jones

  

You have requested that the Department provide a copy of the report
commissioned by children's minister Edward Timpson to "look at developing
capacity for delivering children's services outside of local authorities”
which was received on 7 December 2015.  I am dealing with your request
under the Freedom of Information Act 2000 (“the Act”).
 
The Department does hold information falling within the terms of your
request. When a qualified exemption requiring a public interest
test applies to the information the Act allows the time for response to be
longer than 20 working days, and a full response must be provided within
such time as is reasonable in all circumstances of the case. I indicated
that we hoped to provide you with a response by 2 March, and that if it
appeared that it would take longer to reach a conclusion we would let you
know. I am afraid that a further delay will indeed be necessary and I am
therefore emailing to let you know.

 

We estimate that it will take an additional 20 working days to reach a
decision on where the balance of the public interest lies, and to provide
you with a full reply. I apologise for the fact that this is later than
originally planned, but we hope now to let you have the response
by Wednesday 30 March. I do hope that you will understand that this delay
is due to the fact that the Department is trying to fulfil your request in
a conscientious and thorough manner. If it appears that it will take
longer than this to reach a conclusion, we will keep you informed, and if
it is possible to provide you with a substantive response sooner we shall
of course do so.

 

The Department takes its responsibilities under the Freedom of Information
Act very seriously, and always seeks to respond to enquiries openly and
fully in the spirit of the Act. But if you are unhappy with the service
you have received in relation to your request and wish to make a complaint
or request a review of our decision, you should write to me quoting 
reference 2015-0054704.

 

If you are not content with the outcome of your complaint or the review,
you may apply directly to the Information Commissioner for a decision. 
Generally, the ICO cannot make a decision unless you have exhausted our
complaints/review procedure.

 

Yours sincerely

 

 

 

Patricia Malcolm

 Web:                [1]www.gov.uk/dfe

Twitter:            [2]@educationgovuk

Facebook:       [3]www.facebook.com/educationgovuk

 

 [4]Description: Description: Description: Description:
cid:image001.png@01CD10C9.42884470

 

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References

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Department for Education

1 Attachment

Dear Mr Jones

  

You have requested that the Department provide a copy of the report
commissioned by children's minister Edward Timpson to "look at developing
capacity for delivering children's services outside of local authorities”
which was received on 7 December 2015.  I am dealing with your request
under the Freedom of Information Act 2000 (“the Act”).
 
The Department does hold information falling within the terms of your
request. When a qualified exemption requiring a public interest
test applies to the information the Act allows the time for response to be
longer than 20 working days, and a full response must be provided within
such time as is reasonable in all circumstances of the case. I indicated
that we hoped to provide you with a response by 30 March, and that if it
appeared that it would take longer to reach a conclusion we would let you
know. I am afraid that a further delay will indeed be necessary and I am
therefore emailing to let you know.

 

We estimate that it will take an additional 20 working days to reach a
decision on where the balance of the public interest lies, and to provide
you with a full reply. I apologise for the fact that this is later than
originally planned, but we hope now to let you have the response
by Wednesday 27 April. I do hope that you will understand that this delay
is due to the fact that the Department is trying to fulfil your request in
a conscientious and thorough manner. If it appears that it will take
longer than this to reach a conclusion, we will keep you informed, and if
it is possible to provide you with a substantive response sooner we shall
of course do so.

 

The Department takes its responsibilities under the Freedom of Information
Act very seriously, and always seeks to respond to enquiries openly and
fully in the spirit of the Act. But if you are unhappy with the service
you have received in relation to your request and wish to make a complaint
or request a review of our decision, you should write to me quoting 
reference 2015-0054704.

 

If you are not content with the outcome of your complaint or the review,
you may apply directly to the Information Commissioner for a decision. 
Generally, the ICO cannot make a decision unless you have exhausted our
complaints/review procedure.

 

Yours sincerely

 

 

 

Patricia Malcolm

 Web:                [1]www.gov.uk/dfe

Twitter:            [2]@educationgovuk

Facebook:       [3]www.facebook.com/educationgovuk

 

 [4]Description: Description: Description: Description:
cid:image001.png@01CD10C9.42884470

 

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References

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Department for Education

1 Attachment

Dear Mr Jones

  

You have requested that the Department provide a copy of the report
commissioned by children's minister Edward Timpson to "look at developing
capacity for delivering children's services outside of local authorities”
which was received on 7 December 2015.  I am dealing with your request
under the Freedom of Information Act 2000 (“the Act”).
 
The Department does hold information falling within the terms of your
request. When a qualified exemption requiring a public interest
test applies to the information the Act allows the time for response to be
longer than 20 working days, and a full response must be provided within
such time as is reasonable in all circumstances of the case. I indicated
that we hoped to provide you with a response by 30 March, and that if it
appeared that it would take longer to reach a conclusion we would let you
know. I am afraid that a further delay will indeed be necessary and I am
therefore emailing to let you know.

 

We estimate that it will take an additional 20 working days to reach a
decision on where the balance of the public interest lies, and to provide
you with a full reply. I apologise for the fact that this is later than
originally planned, but we hope now to let you have the response
by Wednesday 27 April. I do hope that you will understand that this delay
is due to the fact that the Department is trying to fulfil your request in
a conscientious and thorough manner. If it appears that it will take
longer than this to reach a conclusion, we will keep you informed, and if
it is possible to provide you with a substantive response sooner we shall
of course do so.

 

The Department takes its responsibilities under the Freedom of Information
Act very seriously, and always seeks to respond to enquiries openly and
fully in the spirit of the Act. But if you are unhappy with the service
you have received in relation to your request and wish to make a complaint
or request a review of our decision, you should write to me quoting 
reference 2015-0054704.

 

If you are not content with the outcome of your complaint or the review,
you may apply directly to the Information Commissioner for a decision. 
Generally, the ICO cannot make a decision unless you have exhausted our
complaints/review procedure.

 

Yours sincerely

 

 

 

Patricia Malcolm

 Web:                [1]www.gov.uk/dfe

Twitter:            [2]@educationgovuk

Facebook:       [3]www.facebook.com/educationgovuk

 

 [4]Description: Description: Description: Description:
cid:image001.png@01CD10C9.42884470

 

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References

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Department for Education

Dear Jolyon Jones 

Reference: FOI 2015-0054704

You have requested that the Department provide a copy of the report commissioned by children's minister Edward Timpson to "look at developing capacity for delivering children's services outside of local authorities”. Your request was received on 13 November 2015. I am dealing with your request under the Freedom of Information Act 2000 (“the Act”).

I would like to offer my apologies for the delay in responding. The Department takes very seriously its obligations under the Act and I am very sorry for the inconvenience which the delay in responding may have caused you.
I am unable to share the report with you at this time, however, because an exemption in section 22 of the Act applies. Section 22 provides for information to be exempt from disclosure where the information is held by the Department with a view to its publication by the Department or any other person at some future date. It is our belief that everyone should see the document at the same time, and therefore the Department will not release it to any individual prior to its general publication.
Section 22 of the Act is a qualified exemption which means that a public interest test needs to be carried out, and in doing so the following factors have been considered:

* It is acknowledged that there is a general public interest in disclosure because of the need for there to be open and transparent government and that the sharing of information with the public should be free and open.
* However, the public interest in permitting the Government to publish information in a manner and at a time of its own choosing is also important. It is part of the effective conduct of public affairs that the general publication of information is a conveniently planned and managed activity within the reasonable control of the public authority.
* The Department therefore intends to publish the external study of improvement capacity in summer 2016.
* It is not reasonable for the Government to be expected to release piecemeal information in advance of its planned timetable.
If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

 Patricia Malcolm 

Web: https://www.education.gov.uk<https://www.education.gov.uk/>
Twitter: https://www.twitter.com/educationgovuk
Facebook: https://www.facebook.com/educationgovuk

[https://www.education.gov.uk/images2/iri...

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Dear Department for Education,

Request for internal review: reference: FOI 2015-0054704

Thank you for your responses to my FOI request made on 13 November 2015, where I asked for disclosure of the following documents:

1) Report by LaingBuisson exploring ways to develop capacity and diversity for the provision of children’s social care services in England

2) Report by Lord Warner into the future commissioning of children’s services in Birmingham.

On 4 February 2016, I received a response to my request for Lord Warner’s report. I was told the Department was relying on the Freedom of Information Act’s Section 35 exemption, and disclosure was refused.

On 15 June 2016, I received a response to my request for the LaingBuisson report. I was told the Department was relying on the Freedom of Information Act’s Section 22 exemption, and disclosure was refused.

Neither of the Departmental responses informed me of my right to request an internal review.

I am now requesting an internal review of both decisions.

Report by LaingBuisson exploring ways to develop capacity and diversity for the provision of children’s social care services in England
The Department relies on the Section 22 exemption, which relates to planned publication. I would like to refer the Department to a previous FOI request I made for disclosure of this document, on 8 April 2015. The reference for that request was 2015-0017520. I received a response on 3 June 2015, stating the Department intended to publish the document in summer 2015. The latest response states the Department intends to publish the report in summer 2016. The Department’s public interest considerations were as follows:

“It is acknowledged that there is a general public interest in disclosure because of the need for there to be open and transparent government and that the sharing of information with the public should be free and open. However, the public interest in permitting the Government to publish information in a manner and at a time of its own choosing is also important. It is part of the effective conduct of public affairs that the general publication of information is a conveniently planned and managed activity within the reasonable control of the public authority. The Department therefore intends to publish the external study of improvement capacity in summer 2016. It is not reasonable for the Government to be expected to release piecemeal information in advance of its planned timetable.”

I ask that the internal review consider the following public interest arguments in favour of disclosure:

1) The report is concerned with the delivery of social care services to very vulnerable children, including those for whom the state is a corporate parent. Transparency is in the public interest.
2) The Department’s June 2015 response said that the report would be published in summer 2015. This did not happen. Further delay is unreasonable.
3) The Department has had a great deal of time to plan the effective publication of this report, since it was commissioned in 2014.
4) The Department introduced a Public Bill (the Children and Social Work Bill) in the House of Lords in May 2016 which includes very significant provisions about the delivery of children’s social care services. Disclosure at this time will assist the parliamentary process and public debate on matters directly concerned with children’s welfare and safety. The Department may be aware that Lord Warner referred to the LaingBuisson report in the Grand Committee debate on the Bill on 11 July – “the DfE has still to publish the report that it commissioned in 2014 from LaingBuisson into developing capacity and diversity in the provision of children’s services. I know from my involvement in that work that it did not suggest that creating a market in children’s services would be easy”. It is in the public interest that other Parliamentarians, those who work in and manage children’s social care services and the wider public have access to the information.
5) In July 2016, the Department published its vision and plan for children’s social care – ‘Putting Children First’. It is to be assumed that the LaingBuisson report contributed to this vision and plan, and there is therefore no public interest in further delaying its publication.
6) I have never requested “piecemeal information”. My requests in 2015 and 2016 were for disclosure of the full report. Alternatively, it could be argued that the Department has published in a piecemeal fashion, by introducing the Children and Social Work Bill in May 2016, its vision and plan for children’s social care in July 2016 and continuing to delay the publication of the LaingBuisson report.

Lord Warner’s report into the future commissioning of children’s services in Birmingham
The Department relies on the Section 35 exemption, which relates to the formulation of government policy. I request an internal review of this decision on the basis that Lord Warner’s report was not commissioned in order to assist in the formulation of government policy, but in order to explore how children’s services may be commissioned in Birmingham. Lord Warner’s advice would have related only to this single local authority and it is reasonable to assume the legislative framework for his review was government policy as it existed. Had Lord Warner been asked to assist in the formulation of government policy, the terms of reference would have arguably been far wider than commissioning services in this one local authority. Notwithstanding this, government policy on children’s services can no longer be said to be in development as formulated policy appears in both the Children and Social Work Bill and in the Department’s ‘Putting Children First’ policy document, issued earlier this month.

In addition, there are strong public interest arguments in support of disclosure. These include that the services under consideration are used by vulnerable children and that local authority services are subject to democratic accountability.

This request for an internal review can be read alongside my two latest communications to the Department, dated 16 June and 1 July 2016, to which I have not yet received a reply.

Yours faithfully,

Jolyon Jones