Catherine Griffiths

Dear Wirral Metropolitan Borough Council,

I would like to have a copy of the full report written following the investigation into your SEND team, this was instigated by The Current Director of Children’s Services following a complaint by an independent professional.

I have to date been provided with a summary from the independent professional but would request that I am given a copy of the full report.

Yours faithfully,

Mrs C Griffiths

Catherine Griffiths

Dear Wirral Metropolitan Borough Council,

To date I am not in receipt of a response to my FOI from yourselves. This is now overdue and I would request that this situation is remedied in the very near future as by law I should have received the information requested by now.

Yours faithfully,

Catherine Griffiths

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Dear Ms Griffiths,

 

Wirral Council write further to your Freedom of Information Act (FOI)
request for the release of “a copy of the full report written following
the investigation into your SEND team, this was instigated by The Current
Director of Children’s Services following a complaint by an independent
professional.”

 

We note that this is now being treated as an internal review.

 

We are aware that you have already had access to the summary document with
regards the investigation in question and so you are aware of the outcome
of the investigation.

 

 

 

In considering your request to see the full document we have given
consideration to the terms under which the investigators were instructed
by Wirral Council and the conditions for safeguarding the information that
they gathered, it is the council’s belief that the information within the
full report can properly be considered as information gathered in
confidence. Furthermore, not only does the Council consider those
respondents to expect their information to be treated in confidence, but
if we were to breach the confidentiality of these respondents then the
flow of information into other investigations undertaken by the council
could diminish, making it more difficult for us to carry out our functions
effectively. Further, we have considered the impact of the loss of privacy
on the respondents to the investigation, and the impact on them of any
such disclosure. We are mindful of the need to consider the public
interest in disclosure, despite this exemption being absolute, and are
confident that the strong public interests in protecting the privacy of
individuals underpinned by the respondents Article 8 rights mean that the
need to protect these respondents overrides any public interest in
disclosure. Therefore the Council as such rely on s41 Freedom of
Information Act 2000 (FOIA) to withhold disclosure of this report.

 

Further, the report contains information which we consider amounts to the
personal data of others, namely the opinions of the respondents to the
investigation. Therefore we consider the release of the full report would
breach their data rights. As such we also seek to exclude release of this
report to you under the FOI provisions in reliance on s40(2) of the FOIA.
Again, the Council is satisfied that the public interest in disclosing
this report is not sufficient to require disclosure when balanced with the
nature of the report and the respondent’s privacy.

 

If you are dissatisfied with the outcome of an internal review you also
have the right to complain to the information Commissioner, who can be
contacted at [1]https://ico.org.uk/global/contact-us/

[2]https://ico.org.uk/for-organisations/gui...

 

Yours sincerely

 

 

 

Tracy O'Hare

Information Management Officer

Business Management

Treasury Building

Argyle Street

Birkenhead
Wirral
CH41 1AH

[3]Tel:0151 691 8397

[4][Wirral Borough Council request email]

 

 

 

 

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References

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