Infromation on Melanie Klein

rebecca hemsley made this Freedom of Information request to Greenwich Borough Council

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

The request was refused by Greenwich Borough Council.

Dear Greenwich Borough Council,

In 2013 I asked for a Report and also asked "Please outline what other information about Melanie Klein House that Greenwich Borough Council hold"
This part of the Request was never addressed. Please could you address it now

Yours faithfully,

rebecca hemsley

foi, Greenwich Borough Council

Dear Ms Hemsley

Freedom of Information/Environmental Information Regulations request: FOI-3506

Thank you for your request dated 04 February 2017

Your request will be answered by 06 March 2017

If you have any queries about this request, please contact me, quoting the reference number above.

Yours sincerely,

David White
Performance and Information Manager
Central Services
Royal Borough of Greenwich

020 8921 3943
 Town Hall Basement, Wellington Street, London SE18 6PW
www.royalgreenwich.gov.uk

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foi, Greenwich Borough Council

Dear Ms Hemsley

Further to your Freedom of Information request shown below, I am emailing to request clarification of the information sought. In order that we can provide you with the correct information, can you be more specific on the type of information you require in relation to Melanie Klein House.

Your request will progressed as soon as we receive the clarification.

Yours sincerely,

David White
FOI Manager
Directorate of Central Services
Royal Borough of Greenwich
LGC Council of the Year 2013
 020 8921 3943
 Woolwich Centre, 35 Wellington Street, Woolwich, London SE18 6PW
www.royalgreenwich.gov.uk

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rebecca hemsley

Dear foi,

I am thinking of only the time period when Melanie Klein was a Childrens Home.
I am thinking of things like any Council Reports and discussions on its performance and Social Services Inspectorate SSI (equivalent) reports.

Yours sincerely,

Rebecca Hemsley

foi, Greenwich Borough Council

Dear Ms Hemsley,

Freedom of Information request: FOI-3536

Please accept our apologies for the delay in providing a response to your Freedom of Information request. This is taking more time than expected due to time taking to retrieve data and then going though the data to find what we hold. We will forward the response to you shortly.

Yours sincerely,

David White
FOI Manager

Directorate of Central Services
Royal Borough of Greenwich
LGC Council of the Year 2013
 020 8921 3943
 Woolwich Centre, 35 Wellington Street, Woolwich, London SE18 6PW
www.royalgreenwich.gov.uk

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Dear Mr white foi,

thanks for letting me know

Yours sincerely,

Rebecca Hemsley

foi, Greenwich Borough Council

Dear Ms Hemsley,

Freedom of Information request: FOI-3536

Please accept our apologies for the continued delay in providing a response to your Freedom of Information request. This is taking more time than expected due to time taking to retrieve data and then going through the data to find what we hold. We will forward the response to you shortly.

Yours sincerely,

Yours sincerely,

Jackie Jago
Head of Corporate Services
Corporate Services
Directorate of Central Services
Royal Borough of Greenwich

020 8921 5044
 Room 20 Basement The Town Hall, Wellington Street, London SE18 6PW
www.royalgreenwich.gov.uk

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foi, Greenwich Borough Council

 

Dear Ms Hemsley,

 

Freedom of Information request: FOI-3506

 

Thank you for your request dated 01 March 2017.  We apologise for the
delay in responding. 

 

Our response is as follows:

 

The council provided a response in 2013 (RFI 5817) to your FOIA request
that we do not have a copy of the SSI Inspection Report you requested. We
advised you to make a request to the Department of Health.

 

Your most recent following up request states “In 2013 I asked for a Report
and also asked “please outline what other information about Melanie Klein
House that Greenwich Borough Council holds” 

 

The council confirms information is held but refuses to disclose the
information and cites exemptions under section 38 (1) (health and safety)
and section 40 (2) (third party personal information) of the FOIA.

 

Section 38 (Health and Safety)

 

Section 38 (1) of the FOIA states that information is exempt information
if its disclosure under the legislation would, or would be likely to:

 

(a)    endanger the physical or mental health of an individual; or

(b)   endanger the safety of an individual

 

The Information Commissioner considers that the term “endanger” in section
38(1) should be interpreted in the same way as the term “prejudice” in
other FOIA exemptions.  The council maintains that although there exists a
public interest in disclosure of the information, this is outweighed by
the public interest in maintaining the exemption. 

 

The information requested is made up of documents relating to cases of
accusations of physical abuse of children in the care of Melanie Klein
House.  It identifies the victims and gives accounts of the accusations. 
It also identifies those accused of perpetrating the physical abuse and
contains some discussion of possible action to be taken by authorities. 

 

In considering the level of mental endangerment, the council refers to a
previous decision notice (FS50121803) – Ministry of Justice v ICO, 14
April 2009, where the Commissioner concluded that this risk while needing
to be a significant possibility, also “need not be more than likely than
not, but must be substantially more than remote”.  The Commissioner also
added in that decision that the assessment of what renders mental
endangerment included the “likelihood of causing significant upset or
distress”.

 

A key consideration for the council when considering whether to release
information held is the fact that such material can continue to be
extremely upsetting to surviving victims of abuse, even years after the
event.  It is not possible to say with certainty that the impact of the
public release of information of this nature would decrease over time. 
The information if released would be likely to cause significant emotional
distress to those identified. The release of this material and its
availability to all is likely to cause shock, harm and distress to the
extent that mental endangerment may be rendered.  Accordingly, sections
38(1) (a) and (b) are engaged on the basis that the risk of endangerment
is substantially more than remote.  As section 38 is a qualified
exemption, consideration must be given to the balance of the public
interest

 

Public interest in favour or disclosure

 

·        The council acknowledges that there is a public interest in
showing a true and open account of the historical record and releasing
information held could increase public confidence in government decision
making.

·        There is a general public interest in information relating to
child abuse or cruelty to children, by those in positions of authority

 

Public interest in favour of maintaining the exemption

 

·        The documents contain descriptions of physical abuse suffered by
children, the public release of which would be highly distressing for the
surviving victims and cause them significant mental anguish.  There is a
public interest in protecting victims of abuse from suffering any further
trauma. 

·        Putting this information back into the public domain could well
be considered to have the same effect as releasing it for the very first
time; the individuals concerned may, in the best-case scenario have
successfully dealt with these memories and any ill effects they may have
caused, and in the worse-case scenario, suppressed them.  In either case,
it would not be in the public interest to risk causing considerable
emotional harm to these individuals by forcing them to confront these
issues all over again.

·        It is in the public interest to protect the details of the abuse
of the child victims.

·        The public interest has already been served by the 1988 Social
Services Inspectorate report (SSI 1988) for Melanie Klein House which is a
public inquiry report.

On balance, the council concludes that the public interest in maintaining
the exemption outweighs the public interest in disclosure.  The council
has placed significant weight in protecting individuals from risk to their
mental safety and wellbeing.

 

Section 40 (2) – Third party personal data

Personal data is defined by the DPA as any information relating to a
living and identifiable individual.  Information will relate to a person
if it is about them, linked to them, has some biographical significance
for them, is used to inform decisions affecting them and has them as its
main focus or impacts them in any way.  The council considers that the
information withheld under section 40 (2) is information from which living
data subjects would be identifiable.  The information contains the
sensitive personal information relating to the lives of vulnerable
individuals who are identifiable.  The individuals to whom the information
relates would have no expectation that this sensitive personal information
would enter the public domain within their lifetimes.  Furthermore,
releasing the information would pose a risk of causing real damage and
distress to the individuals identified. 

 

The council is satisfied that the withheld information is sensitive
personal data and that disclosure would breach the first data protection
principle as it would be unfair to the individuals concerned.

 

The council refuses to release the requested information relying on
exemptions Section 38 (1) and 40 (2).

 

If you are not satisfied with the outcome of the Internal Review, you may
apply directly to the Information Commissioner (ICO) for a decision. 
Generally, the ICO cannot make a decision unless you have exhausted the
Internal Review procedure provided by the Council. You can contact the ICO
by emailing [1][email address], or by post at Customer Contact,
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
SK9 5AF.

 

Yours sincerely,

 

Jackie Jago

Head of Corporate Services

Corporate Services

Directorate of Central Services

Royal Borough of Greenwich

 

' 020 8921 5044

*   Room 20 Basement The Town Hall, Wellington Street, London SE18 6PW

8 www.royalgreenwich.gov.uk

 

 

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Royal Borough of Greenwich - LGC Council Of The Year 2013

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rebecca hemsley

Dear foi,

Please will therefore release metadata of the items held, ie number of items number of pages, date and title redacted if necessary to avoid your exemptions
Please could you also provide any evidence the Council has of the claim by the Council that the reports would endanger the physical or mental health of an individual or endanger the safety of an individual or reports would be harmful to vulnerable individuals and may adversely affect their mental health or may lead to individuals being identified.
If there is any recorded evidence provided above, please provide any recorded information that reports
would be harmful to vulnerable individuals and may adversely affect their mental health or may lead
to individuals being identified if sensibly redacted.
Could you list all the reports commissioned by the COuncil on child sexual abuse

Yours sincerely,

Rebecca Hemsley

foi, Greenwich Borough Council

Dear Ms Hemsley,

Freedom of Information request Internal Review: FOI-IR-3506

Thank you for your request for an Internal Review regarding our response to your Freedom of Information request.

Your request is being dealt with under the terms of the Freedom of Information Act 2000 and will be answered within twenty working days.

If you have any queries, please contact me, quoting the reference number.

If you are not content with the outcome of the Internal Review, you can apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the Internal Review procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely,

Jackie Jago
Head of Corporate Services
Corporate Services
Directorate of Central Services
Royal Borough of Greenwich

020 8921 5044
 Room 20 Basement The Town Hall, Wellington Street, London SE18 6PW
www.royalgreenwich.gov.uk

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rebecca hemsley

Dear Greenwich Borough Council,
You are welcome to carry out an internal review into the request thankyou, please however note this new request was posted on 23rd June to which I have not yet had an acknowledgement.

Please will therefore release metadata of the items held, ie number of items number of pages, date and title redacted if necessary to avoid your exemptions
Please could you also provide any evidence the Council has of the claim by the Council that the reports would endanger the physical or mental health of an individual or endanger the safety of an individual or reports would be harmful to vulnerable individuals and may adversely affect their mental health or may lead to individuals being identified.
If there is any recorded evidence provided above, please provide any recorded information that reports
would be harmful to vulnerable individuals and may adversely affect their mental health or may lead
to individuals being identified if sensibly redacted.
Could you list all the reports commissioned by the COuncil on child sexual abuse

Yours sincerely,

Rebecca Hemsley

foi, Greenwich Borough Council

Dear Ms Hemsley

Freedom of Information request Internal Review: FOI-IR-3506

We apologise for the delay in acknowledging you response. Thank you for your request for an Internal Review regarding our response to your Freedom of Information request.

Please be assured that your request is being dealt with under the terms of the Freedom of Information Act 2000 and will be answered within twenty working days.

If you have any queries, please contact me, quoting the reference number.

If you are not content with the outcome of the Internal Review, you can apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the Internal Review procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely,

Jackie Jago
Head of Corporate Services
Corporate Services
Directorate of Central Services
Royal Borough of Greenwich

020 8921 5044
 Room 20 Basement The Town Hall, Wellington Street, London SE18 6PW
www.royalgreenwich.gov.uk

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foi, Greenwich Borough Council

1 Attachment

Dear Ms Hemsley

Internal Review on Freedom of Information request FOI-IR-3506

Thank you for your Internal Review request on the handling of your Freedom
of Information request.

Please see attached response.

If you are not content with the outcome of the Internal Review, you may
apply directly to the Information Commissioner (ICO) for a decision.
Generally, the ICO cannot make a decision unless you have exhausted the
Internal Review procedure provided by the Council. The Information
Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely,

Yours sincerely,

 

Jackie Jago

Head of Corporate Services

Corporate Services

Directorate of Central Services

Royal Borough of Greenwich

 

' 020 8921 5044

*   Room 20 Basement The Town Hall, Wellington Street, London SE18 6PW

8 www.royalgreenwich.gov.uk

 

 

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rebecca hemsley

Dear foi,
I wrote on 15th July
" You are welcome to carry out an internal review into the request thankyou, please however note this new request was posted on 23rd June to which I have not yet had an acknowledgement.

Please will therefore release metadata of the items held, ie number of items number of pages, date and title redacted if necessary to avoid your exemptions
Please could you also provide any evidence the Council has of the claim by the Council that the reports would endanger the physical or mental health of an individual or endanger the safety of an individual or reports would be harmful to vulnerable individuals and may adversely affect their mental health or may lead to individuals being identified.
If there is any recorded evidence provided above, please provide any recorded information that reports
would be harmful to vulnerable individuals and may adversely affect their mental health or may lead
to individuals being identified if sensibly redacted.
Could you list all the reports commissioned by the COuncil on child sexual abuse"

This was quite clearly all a new request. You cannot jump straight to the internal review stage, therefore denying me the right of an internal review. You have not treated it as a new request, you have not given a public interest for the refusal to release metadata. Even if the same reasons held as a differerent request, which they do not, then you cannot miss out this stage.
You cannot stick a new request into an old review and pretend that this satisfies the FOI Act.
I will accept your answer as a reply to the FOI request, but i now wish an internal review carried out on it as it did not contain the public interest test required for release of metadata. How can release of meta data of the items held, i.e. number of items number of pages, date and title redacted adversely affect anyones mental health or may lead to individuals being identified if sensibly redacted? Please carry out the public interest test. How can answering the number of documents held adversely affect someones mental health more than saying that you hold that information anyway? How is the risk "substantially more than remote"
The idea is bizarre and it appears Greenwich is illegally withholding information that they do not wish to make public but that is their duty to under the FOI ACt
As you well know i cannot complain to the ICO before exhausting your process and that process has not been carried out for this request.

Can you advise me What training in FOI has Florence Kroll received in FOI and what qualifications does she have to carry out an internal review of a FOI request?

Please will therefore release meta data of the items held, i.e. number of items
number of pages, date and title redacted if necessary to avoid your exemptions
Please could you also provide any evidence the Council has of the claim by the
Council that the reports would endanger the physical or mental health of an
individual or endanger the safety of an individual or reports would be harmful to
vulnerable individuals and may adversely affect their mental health or may
lead to individuals being identified. If there is any recorded evidence provided above,
please provide any recorded information that reports would be harmful to vulnerable individuals and may adversely affect their mental health or may lead to individuals being identified if sensibly redacted. Could you list all the reports commissioned by the Council on child sexual abuse

The council’s response is as follows:
The council upholds its original decision and continues to withhold the information
under section 38 (1) (health and safety) and section 40 (2) (third
party personal information) of the FOIA . The council asserts that it has sufficiently made out the exemptions. The answers set out in our response of 9 th May 2017 adequately deals with the requirements of the exemptions. The council will not be confirming any pages, dates or titles of the documents held as we
maintain the exemptions continue to apply.
Within your Internal Review Request you asked for a list of reports the Council have
commissioned on child sexual abuse.
The council confirms that we have not commissioned any reports on this subject.

Yours sincerely,

rebecca hemsley

foi, Greenwich Borough Council

Dear Ms Hemsley

Freedom of Information request Internal Review: FOI-IR-3506IR

Thank you for your request for an Internal Review regarding our response to your Freedom of Information request.

Your request is being dealt with under the terms of the Freedom of Information Act 2000 and will be answered within twenty working days.

If you have any queries, please contact me, quoting the reference number.

If you are not content with the outcome of the Internal Review, you can apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the Internal Review procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely,

Jackie Jago
Head of Corporate Services
Corporate Services
Directorate of Central Services
Royal Borough of Greenwich

020 8921 5044
 Room 20 Basement The Town Hall, Wellington Street, London SE18 6PW
www.royalgreenwich.gov.uk

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foi, Greenwich Borough Council

1 Attachment

Dear Ms Hemsley,

Internal Review on Freedom of Information request: FOI-IR-3506

Thank you for your Internal Review request on the handling of your Freedom of Information request.

Please see the above attachment for our response.

If you have any queries, please contact me, quoting the reference number.
If you are not content with the outcome of the Internal Review, you can apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the Internal Review procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely,

Jackie Jago
Head of Corporate Services
Corporate Services
Directorate of Central Services
Royal Borough of Greenwich

020 8921 5044
 Room 20 Basement The Town Hall, Wellington Street, London SE18 6PW
www.royalgreenwich.gov.uk

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