Lived experience of education in Wiltshire for young people aged 16-20 with additional health needs

The request was partially successful.

Dear Wiltshire Council,

From my previous FOI: (https://www.whatdotheyknow.com/request/p...), I know that the LA has not yet identified and published its required, specific policy for children with additional healthcare needs where they are older than compulsory school age.

Please provide information that demonstrates the actual working behaviour and practice used by people working at or on behalf of Wiltshire Council. I am particularly interested in records which refer to arranging alternative education or accessing funding for education/ alternative provision/ other academic support where the young person has not been deemed well enough to attend education with their normal provider for >15 days and they have already commenced a course of education.

I would like records showing copies of processes and guidance or advice which are in any of the following brackets, but not limited to only these brackets:
• are in use or have been in use
• have been sent to Salisbury-area, post-16 education providers (mainstream or alternative education)
• have been sent to families or their legal representatives in response to complaints, appeals or tribunals or used in relation to EHCPs
• have been used for auditing the education provision in Wiltshire.

In addition to your management system, I anticipate records of Education Welfare Officers and Education Officers could be an additional source of information.

Records over 3 years old are not required.

Thank you,

Miss B White

FOI, Wiltshire Council

Dear Miss B White

Freedom of Information Request Case ID 202000372

Thank you for your request for information received on 17 August 2020 in which you asked for the following information:

From my previous FOI: (https://eur02.safelinks.protection.outlo...), I know that the LA has not yet identified and published its required, specific policy for children with additional health care needs where they are older than compulsory school age.

Please provide information that demonstrates the actual working behaviour and practice used by people working at or on behalf of Wiltshire Council. I am particularly interested in records which refer to arranging alternative education or accessing funding for education/ alternative provision/ other academic support where the young person has not been deemed well enough to attend education with their normal provider for >15 days and they have already commenced a course of education.

I would like records showing copies of processes and guidance or advice which are in any of the following brackets, but not limited to only these brackets:

• are in use or have been in use

• have been sent to Salisbury-area, post-16 education providers (mainstream or alternative education)

• have been sent to families or their legal representatives in response to complaints, appeals or tribunals or used in relation to EHCPs

• have been used for auditing the education provision in Wiltshire.

In addition to your management system, I anticipate records of Education Welfare Officers and Education Officers could be an additional source of information.

Records over 3 years old are not required.

Your request is being processed under the provisions of the Freedom of Information Act 2000 and you will receive a response within 20 working days of receipt of your request, meaning you will receive a response on or before 14 September 2020.

Regards,
Jenny

Jenny Dando
Senior Information Governance Officer
Traded Services & Training Cultural Change

Information Governance Team
Legal and Governance
Wiltshire Council
County Hall | Trowbridge | Wiltshire | BA14 8JN

[email address]
Tel – 01380 826457
www.wiltshire.gov.uk

Friday is my non-working day

www.wiltshire.gov.uk/wisc

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Dear FOI,

This FOI response is overdue and I eagerly await your response. Please can you tell me when you will be providing this information to me?

Yours sincerely,

Miss B White

FOI, Wiltshire Council

Dear Ms. White,

Apologies we have not received the response from the service area yet. We continue to chase, and hope to have the response with you as soon as possible.

Kind Regards,
Josie

FOI
Information Governance
Legal and Governance

Email: [email address]
Web: www.wiltshire.gov.uk
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FOI, Wiltshire Council

Dear Miss B White,

Freedom of Information Request

Thank you for your request for information dated 17 August 2020, in which you requested the following information:

Please provide information that demonstrates the actual working behaviour and practice used by people working at or on behalf of Wiltshire Council. I am particularly interested in records which refer to arranging alternative education or accessing funding for education/ alternative provision/ other academic support where the young person has not been deemed well enough to attend education with their normal provider for >15 days and they have already commenced a course of education.

I would like records showing copies of processes and guidance or advice which are in any of the following brackets, but not limited to only these brackets:

• are in use or have been in use

• have been sent to Salisbury-area, post-16 education providers (mainstream or alternative education)

• have been sent to families or their legal representatives in response to complaints, appeals or tribunals or used in relation to EHCPs

• have been used for auditing the education provision in Wiltshire.

In addition to your management system, I anticipate records of Education Welfare Officers and Education Officers could be an additional source of information.

Records over 3 years old are not required.

Under the Freedom of Information Act 2000 ('the Act') The Council is obliged to:

• Let you know whether we hold the information you have requested
• Provide you with the requested information, if held, (subject to any exemptions under the Act which may apply).

Section 12 of the Act removes the above obligation if the cost of complying would exceed a set limit known as the appropriate limit. The appropriate limit represents the estimated cost of one person spending 18 working hours in determining whether the Council holds the requested information. This also includes locating, retrieving and extracting the information.

In order to provide you with the information that you have requested would require a large scale manual search, across multiple service areas, to identify any relevant individuals meeting the criteria of your request and then extracting the data from each case.

We estimate that to comply with your request would exceed the appropriate limit, which means your request will not be processed further.

You may wish to refine your request by narrowing its scope, for example, you could refine your request to only general guidance and policies issued and not specific advice given at individual level.

Another consideration around a request for information at an individual level, is that it maybe personal data, which would be exempt from release under the Act by virtue of section 40(2) - Personal information of another person.

If you are dissatisfied with the above response you have a right to request a review of your Freedom of Information request. Details of the complaints and review procedure are appended to this letter.

I apologise for the delay in responding to your request.

Yours sincerely

Kyle McCormack
Information Governance Officer

Email: [email address]

Freedom of Information Complaints & Review Procedure

Any person who has requested information from Wiltshire Council, which has been dealt with under the Freedom of Information Act is entitled to complain and request an internal review of their request for information if they are dissatisfied with the response they have received.

Requests for review of Freedom of Information requests must be made in writing (includes email) to:

Freedom of Information Lead
County Hall
Bythesea Road
Trowbridge
Wiltshire
BA14 8JN

Email [email address]

Please include the reference number, date of your request and details of why the review is being requested. Requests for review should be brought to the attention of the Freedom of Information Lead within 42 calendar days (6 weeks) of the response to the original request.

Any request for review will be acknowledged in writing confirming the reasons for the review. The Freedom of Information Lead will allocate the review to someone who is independent of the original decision. The person conducting the review will set a target date for a response with the intention to complete the review within 20 working days. In more complex cases the review may take up to 40 working days.

The reviewer will conduct a full review of the handling of the request for information and of decisions taken, including decisions taken about where the public interest lies in respect of exempt information where applicable. The review enables a re-evaluation of the case, taking into account any matters raised by the requestor.

On completion of the review the reviewer will reply to the requestor with the result of the review. If the requestor is still dissatisfied following the review they should contact the Information Commissioner to appeal the decision. The Information Commissioner can be contacted using the following details:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate)
01625 545 745 (national rate)
Email: [email address]

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Dear FOI,

How disappointing that the deadline was exceeded whilst you finished gathering the information. Are you sure you cannot provide anything?

Yours sincerely,

Miss B White

FOI, Wiltshire Council

Dear Miss White,

Thank you for your email.

No information has been collated, because we estimate that to collate the information requested would exceed the time/cost limit set out within the Freedom of Information Act.

You are welcome to submit a new refined request, which will be looked at in it's own merit to see if can be answered within the limit.

Kind regards,

Kyle McCormack

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Dear FOI,

thank you. I am just so disappointed to wait so long to find the results of that. The next request restarts the clock :-(

Yours sincerely,

Miss B White

Dear FOI,

Under Section 16, of the Freedom of Information Act you have an obligation to advise what, if any information may assist me with my request. I request you complete an internal review.

Yours sincerely,

Miss B White

FOI, Wiltshire Council

Dear Madam,

Thank you for your email.

A review request has been created, this will be handled by Josie Convery (Senior Information Officier), who will be in contact with you directly regarding this.

Yours sincerely,

Sukhvir

Wiltshire Council
Leagal & Governance
Information Governance Team
County Hall – 1st Floor,
Trowbridge,
Wiltshire, BA14 8JN

[Wiltshire Council request email]
Web: www.wiltshire.gov.uk

www.wiltshire.gov.uk/wisc

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Dear FOI,

thanks

Yours sincerely,

Miss B White

Convery, Josie, Wiltshire Council

4 Attachments

Dear Miss White,

 

Please find my acknowledgement letter attached.

 

Kind Regards,

 

Josie

 

 

Josie Convery
Senior Information Governance Officer – FOI and Records

 

Information Governance

Legal and Governance

 

Tel: 01225 712612
Email: [1][email address]    
Web: [2]www.wiltshire.gov.uk

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[3][IMG] [4][IMG]

[5]Sign up to Wiltshire Council’s email news service

 

Monday is a non-working day

 

 

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Convery, Josie, Wiltshire Council

4 Attachments

Dear Miss White,

 

Please find my review response letter attached.

 

Kind Regards,

 

Josie

 

 

Josie Convery
Senior Information Governance Officer – FOI and Records

 

Information Governance

Legal and Governance

 

Tel: 01225 712612
Email: [1][email address]    
Web: [2]www.wiltshire.gov.uk

Follow Wiltshire Council

[3][IMG] [4][IMG]

[5]Sign up to Wiltshire Council’s email news service

 

Monday is a non-working day

 

 

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Dear Josie Convery and WIltshire Council FOI Team,

Thank you for the internal review response.
I am doing as Josie has suggested in the response and so I have removed part of my original question. Otherwise this request is unchanged.

From my previous FOI: (https://www.whatdotheyknow.com/request/p...), I know that the LA has not yet identified and published its required, specific policy for children with additional healthcare needs where they are older than compulsory school age.

Please provide information that demonstrates the actual working behaviour and practice used by people working at or on behalf of Wiltshire Council. I am particularly interested in records which refer to arranging alternative education or accessing funding for education/ alternative provision/ other academic support where the young person has not been deemed well enough to attend education with their normal provider for >15 days and they have already commenced a course of education.

I would like records showing copies of processes and guidance or advice which are in any of the following brackets, but not limited to only these brackets:
• are in use or have been in use
• have been sent to Salisbury-area, post-16 education providers (mainstream or alternative education)
• have been used for auditing the education provision in Wiltshire.

In addition to your management system, I anticipate records of Education Welfare Officers and Education Officers could be an additional source of information.

Records over 3 years old are not required.

Thank you,

Miss B White

FOI, Wiltshire Council

Dear Miss B White.

Freedom of Information Request Case ID 202001440

Thank you for your request for information received on 03 March 2021 in which you asked for the following information:

so I have removed part of my original question. Otherwise this request is unchanged.

From my previous FOI: (https://eur02.safelinks.protection.outlo...), I know that the LA has not yet identified and published its required, specific policy for children with additional healthcare needs where they are older than compulsory school age.

Please provide information that demonstrates the actual working behaviour and practice used by people working at or on behalf of Wiltshire Council. I am particularly interested in records which refer to arranging alternative education or accessing funding for education/ alternative provision/ other academic support where the young person has not been deemed well enough to attend education with their normal provider for >15 days and they have already commenced a course of education.

I would like records showing copies of processes and guidance or advice which are in any of the following brackets, but not limited to only these brackets:

* are in use or have been in use

* have been sent to Salisbury-area, post-16 education providers (mainstream or alternative education)

* have been used for auditing the education provision in Wiltshire.

In addition to your management system, I anticipate records of Education Welfare Officers and Education Officers could be an additional source of information.1

Records over 3 years old are not required.

Your request is being processed under the provisions of the Freedom of Information Act 2000 and you will receive a response within 20 working days of receipt of your request, meaning you will receive a response on or before 30th March, 2021.

Regards,

Information Governance Team

Wiltshire Council
Information Governance Team
Legal & Governance
County Hall - 1st Floor,
Trowbridge,
Wiltshire, BA14 8JN

[Wiltshire Council request email]
Web: www.wiltshire.gov.uk

www.wiltshire.gov.uk/wisc

Follow Wiltshire Council

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FOI, Wiltshire Council

1 Attachment

Dear Miss White,

 

Freedom of Information Request Case ID 202001440

 

Thank you for your request for information received on 03 March 2021, in
which you asked for the following information:

 

Please provide information that demonstrates the actual working behaviour
and practice used by people working at or on behalf of Wiltshire Council.
I am particularly interested in records which refer to arranging
alternative education or accessing funding for education/ alternative
provision/ other academic support where the young person has not been
deemed well enough to attend education with their normal provider for >15
days and they have already commenced a course of education.

I would like records showing copies of processes and guidance or advice
which are in any of the following brackets, but not limited to only these
brackets:

are in use or have been in use

have been sent to Salisbury-area, post-16 education providers (mainstream
or alternative education)

have been used for auditing the education provision in Wiltshire.

Records over 3 years old are not required.

 

Under the Freedom of Information Act 2000 (the Act) the Council is obliged
to:

+ Let you know whether we hold the information you have requested
+ Provide you with the requested information, if held, (subject to any
exemptions to disclosure that may apply)

 

I can confirm that the council holds some of the information you
requested, however, Section 21 of the Act removes the obligation to
provide you with the information as it is reasonably accessible to you by
other means.  Section 21 is an absolute exemption meaning no public
interest test is necessary.

 

The local authority operates within the framework outlined by the
documents:

 

Ensuring a good education for children who cannot attend school because of
health needs Statutory guidance for local authorities (2013)
[1]https://www.gov.uk/government/publicatio...

 

Continuity of Education Provision for CYP with Additional Health Needs,
2018 [2]https://rightchoice.wiltshire.gov.uk/Pag...

 

Participation of Young People in Education, Employment and Training, DfE
2016
[3]https://www.gov.uk/government/publicatio...

 

The Medical Needs and Reintegration Service (MNERS) works with children
and young people of compulsory school age only. The Service liaises with
schools regarding individual referrals and arranges provision for children
and young people who meet the referral criteria in discussion with
parents/carers and the young person, the on-roll school and alongside the
specific medical advice provided.  

 

The referral mechanism that schools use (in order to access MNERS) is the
DART referral tool which asks schools to provide information about the
referral; including the need for parental/carer consent to be obtained. 

 

Alongside the DART referral, medical evidence will be required from a
consultant indicating that the individual is unable to attend school
because of their medical needs.

 

Currently MNERS offers online tuition either directly or in conjunction
with an approved external provider, and additional mentoring support when
this is required. The MNERS caseload is spread across Wiltshire.

 

With regard to any post-16 education, training and employment planning for
children and young people referred to MNERS, the Service will liaise with
the referring on-roll school. Onward referral to and signposting to
suitable support agencies may be suggested in certain cases. This is in
line with the guidance document: ‘Participation of young people in
education, employment or training: Statutory guidance for local
authorities (DfE 2016)’.

 

The Local Authority cannot share information which can identify individual
children/young people.  We have not provided some of the requested
information because it is exempt from disclosure by section 40. Disclosure
of information under the FOIA is not simply to you the requester, but is
considered to be a publication to the world. FOIA is primarily concerned
with disclosure of information to the public. Information that constitutes
personal data is exempt under section 40(1) of the FOIA if it is about the
applicant (yourself); or section 40(2) if it the information is about a
third party and where one of the conditions listed in section 40(3A)(3B)
or 40(4A) is met. In this instance the relevant condition is contained in
section 40(3A)(a). This applies where the disclosure of the information to
the public would contravene any of the data protection principles set out
in Article 5 of the General Data Protection Regulation (GDPR). The council
believes that disclosure of the requested information would not be lawful
or fair because it would breach Article 5(1)(a) of the GDPR.

 

The MNERS team do not conduct any audits of educational provision.  This
is the role of Ofsted

 

You may wish to speak directly to the manager of the MNERS team.

 

As we suggested to you previously, FOIA does not appear to be the
appropriate route for you to obtain the information. We would like to put
you in touch directly with a member of the SEND/MNERS team in order for
you to discuss the specific information you are seeking.  Please get in
touch with us via another means (not a public facing website), so that we
can give you the contact details. Alternatively, please provide us with
your telephone number and we will ask them to phone you directly.

 

Information supplied under the Act may be subject to protection under the
Copyright, Designs and Patents Act 1988. You may use the information we
have provided in response to your request under the terms of the [4]Open
Government Licence.

 

If you are dissatisfied with the response to your request you can ask for
a review of the handling of your request for information. Details of the
complaints procedure are below.

 

Regards,

 

 

Henrietta

Information Governance Team

Legal and Governance

Wiltshire Council

[5][Wiltshire Council request email]

 

Freedom of Information Complaints and Review Procedure

 

Any person who has requested information from Wiltshire Council which has
been dealt with under the Freedom of Information Act is entitled to make a
complaint and request an internal review of the handling of their request
if they are dissatisfied with the response they have received.

Requests for review of a Freedom of Information requests should be made,
in writing, which includes email, to:

 

Freedom of Information and Records Lead

Information Governance Team

Legal and Governance

Wiltshire Council

[6][Wiltshire Council request email]

 

Please include the Case ID number, the date of your request and details of
why you are asking for a review.  Requests for a review should be brought
to our attention within 40 calendar days of our response to your request.

 

Any request for a review will be acknowledged in writing confirming the
reasons for the review. The review will be allocated to someone who is
independent of the original decision. The person conducting the review
will set a target date for a response with the intention to complete the
review within 20 working days. In more complex cases the review may take
up to 40 working days.

 

The reviewer will conduct a full review of the handling of the request for
information and the decisions taken, including decisions taken about where
the public interest lies in respect of exempt information where
applicable. The review enables a re-evaluation of the case taking into
account any matters raised by the requester. On completion of the review
the reviewer will contact the requester with the result of the review.

 

If the requester is still dissatisfied with the council's handling of
their request they should contact the Information Commissioners Office
(ICO). The ICO can be contacted using the following details:

 

Information Commissioners Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel; 0303 123 1113 (local rate)

       01625 545 745 (national rate)

Email; [7][email address]

 

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