Project to reduce SEN transport costs

Mandy Redfellow made this Freedom of Information request to North Yorkshire County 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 successful.

Mandy Redfellow

Dear North Yorkshire County Council,

According to the following report (Appendix D, Children and Young People's Service): http://democracy.northyorks.gov.uk/Funct...

"Pressures on SEN home to school and college transport reported at Q3 have continued. A net budget pressure of £1.4m has been partially offset by £0.4m underspending on mainstream transport provision. As reported at Q3, a project has been established to investigate and implement remedial actions which will see these costs reduce."

Please publish all documents so far produced as part of "the project" to include the investigation elements and action elements.

Yours faithfully,

Mandy Redfellow

North Yorkshire County Council

Thank you for contacting North Yorkshire County Council (NYCC). We confirm
that we have received your correspondence.
 
If you have submitted a new Freedom of Information (FOI) or Environmental
Information Regulations (EIR) request to NYCC - we will contact you as
soon as possible if we need any more information from you to respond to
your request. If we do not need any more information we will pass your
request onto the appropriate officer to respond. A response will be sent
to you as soon as possible, and within 20 working days as required by the
relevant legislation.
 
If you have requested an internal review of an FOI or EIR response sent to
you by NYCC or otherwise expressed dissatisfaction about an FOI or EIR
response – we will respond to you as soon as possible and within 20
working days, in accordance with best practice guidance.
 
If you have raised a data protection concern about the way in which NYCC
has handled your personal information – we will respond to you as soon as
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If you have asked to be removed from a mailing list – we will forward your
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If your correspondence relates to an existing case - we will forward it to
the relevant officer for consideration and action as required.
 
Copied correspondence - we do not respond to correspondence that has been
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For any other enquiry – NYCC will contact you shortly.
 
If your enquiry is urgent and you request an immediate response please
call the information governance team on 01609 532526.
 
Yours faithfully
 
The information governance team

cypsfoi, North Yorkshire County Council

Dear Mandy Redfellow

Thank you for your request for information regarding SEN transport costs. Please see our response below.

A project has been initiated by North Yorkshire County Council to look at all SEND home to school transport to ensure that it is appropriate for those pupils it supports and fit for purpose now and in the future. We are in the early stages of looking at SEN Transport and plan to publish information and updates on the North Yorkshire Local Offer when it is available.

Whilst we cannot ignore budgetary constraints we are asking some key questions led by the ethos contained within the Children and FamiIies Act (2014) and the SEN Code of Practice (May 2015). For example, can we offer more choice and control to young people and their families and how can we help young people prepare for adult life. North Yorkshire County Council will continue to meet its statutory duty in terms of the Home to School transport policy to support children and young people with complex needs access learning.

Kind Regards
_______________________________________
Rebecca Barber, Leadership Support Officer
on behalf of cypsfoi

North Yorkshire County Council, County Hall, Northallerton, DL7 8AE
e-mail: [email address]

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Mandy Redfellow

Dear cypsfoi,

Thank you for your reply. While I look forward to seeing the updates on the Local Offer, I would be grateful if you would publish the minutes of all project meetings held so far, and all documents associated with the project to date.

Yours sincerely,

Mandy Redfellow

North, Matt,

Dear Mandy Redfellow,
 
Thank you for your enquiry.
 
I have logged your new request for information as N1237 and will be sent
out to you on or before the 28^th July.
 
Kind Regards,
 
 
Matt North
Trainee Information Governance Officer
Veritau Limited | Veritau North Yorkshire Limited
Assurance Services for the Public Sector
Working on behalf of Hambleton District Council, North Yorkshire County
Council, Richmondshire District Council and Ryedale District Council
Telephone: 01609 53 (ext.6656)
 
Information Governance Office: 01609 53 (ext.2526)
 
E-mail: [1][email address]
 
For further information about the company please visit our website:
[2]www.veritau.co.uk
 
 
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Mandy Redfellow

Dear North, Matt,

Thank you for your response. This request is the same as my first request. The Council chose not to answer that query and so I have asked it again. On that basis, it should not take another 28 days.

Yours sincerely,

Mandy Redfellow

information.governance@veritau.co.uk,

Dear Mandy Redfellow,

The County Council answered your request (N1171) by stating that the information requested, 'all documents so far produced as part of "the project" to include the investigation elements and action elements' would be available online when the documents are ready to be published. You then replied by stating that you would like to see the minutes for projects that have been held so far. As you have refined your request after the County Council has already answered your request then the County Council is entitled to regard this as a new request for information because further recourses will have to be spent in answering this request. Thus the twenty working days response time still stands.

Please expect your response on or before the 28th July.

Kind Regards,
Matt

Matt North
Trainee Information Governance Officer
Veritau Limited | Veritau North Yorkshire Limited
Assurance Services for the Public Sector
Working on behalf of Hambleton District Council, North Yorkshire County Council, Richmondshire District Council and Ryedale District Council
Telephone: 01609 53 (ext.6656)

Information Governance Office: 01609 53 (ext.2526)

E-mail: [email address]

For further information about the company please visit our website: www.veritau.co.uk

show quoted sections

Mandy Redfellow

Dear North Yorkshire County Council,

I am requesting an internal review of this decision. I would like the first response (not to provide the information I requested) to be reconsidered alongside the second response to treat my request as a new enquiry.

For clarity I have not asked for the finished report that will appear on the local offer, but all documents / minutes to date that have been created as part of the project.

Yours faithfully,

Mandy Redfellow

North Yorkshire County Council

Thank you for contacting North Yorkshire County Council (NYCC). We confirm
that we have received your correspondence.
 
If you have submitted a new Freedom of Information (FOI) or Environmental
Information Regulations (EIR) request to NYCC - we will contact you as
soon as possible if we need any more information from you to respond to
your request. If we do not need any more information we will pass your
request onto the appropriate officer to respond. A response will be sent
to you as soon as possible, and within 20 working days as required by the
relevant legislation.
 
If you have requested an internal review of an FOI or EIR response sent to
you by NYCC or otherwise expressed dissatisfaction about an FOI or EIR
response – we will respond to you as soon as possible and within 20
working days, in accordance with best practice guidance.
 
If you have raised a data protection concern about the way in which NYCC
has handled your personal information – we will respond to you as soon as
possible and within 20 working days, in accordance with legal
requirements/best practice guidance.
 
If you have asked to be removed from a mailing list – we will forward your
request onto the relevant department for action.
 
If your correspondence relates to an existing case - we will forward it to
the relevant officer for consideration and action as required.
 
Copied correspondence - we do not respond to correspondence that has been
copied to us.
 
For any other enquiry – NYCC will contact you shortly.
 
If your enquiry is urgent and you request an immediate response please
call the information governance team on 01609 532526.
 
Yours faithfully
 
The information governance team

Infogov - Veritau, North Yorkshire County Council

2 Attachments

Dear Ms Redfellow

 

Thank you for your request for an internal review of the Council’s reply
to N1171.

 

I have reconsidered the Council’s reply, in which it stated that the
documents would be published in the future. This was not a full refusal
notice, in accordance with Section 17 of the Freedom of Information Act
2000, for which I apologise.

 

Having made enquiries, I have found that there are two documents which
should have been disclosed to you. Please find these attached and please
accept my apologies that these were not disclosed in the Council’s
original reply. Minutes of meetings are not produced, so there are none to
disclose to you.

 

The attached documents have had personal data (staff names and information
relating to individual pupils’ contracts) removed from them. We are
withholding this information under section 40 (2) of the Freedom of
Information Act 2000 which exempts personal information from disclosure if
disclosure would breach one or more principles of the Data Protection Act
1998. In this case we consider that disclosure would breach the first
principle, namely that personal information must be fairly and lawfully
processed and must meet one of the conditions for processing as provided
by schedule 2 of the Act. In this case we consider that the disclosure
would be unfair and unlawful and none of the conditions for processing
would be met.

 

I note that you have also requested a review of the decision to log your
email dated 29 June 2016 at 8.02am as a new request. As you had requested
a review of the original request, I have considered all of the documents
produced prior to the date of your original request and these are included
here. Your email dated 29 June has been logged as a new request and any
documents produced between 8 June and 29 June will be considered for
disclosure under this request. You will receive a reply to this email
shortly.

 

If you wish you may complain about my decision to the Information
Commissioner at [1][email address] or write to:

 

First Contact Team
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire

SK9 5AF

 

Kind regards

 

Miriam Townsend

 

 

Information Governance Officer

North Yorkshire County Council

01609 536985

 

 

 

Access your county council services online 24 hours a day, 7 days a week
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North Yorkshire County Council's computer systems and communications may
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References

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Mandy Redfellow

Dear Infogov - Veritau,

Thank you for responding to my request for an internal review. You have provided me with two documents as a result of the review, for which I am grateful, and have said you are treating my second request separately. Any information produced between the first and second request will be disclosed under FOIA .

I believe there are further documents that have not been considered for disclosure.

Re: N1171 Project Brief SEN transport v0 5 Signed off redacted.docx
This document references an appendix, and as part of the appendix, a risk log and a resource plan. Neither the risk log, resource plan nor the full appendix (appendices?) have been supplied. Can you provide a reason why these have been refused or please provide them?

Re: N1171 SEN Transport Milestone Plan June 2016 signed off.docx
This document says:
1 Carry out interviews with families, schools and customers who currently access SEN Transport - Completed and feedback pulled together by JD.
2 Analyse previous year’s discretionary payments - This work is now completed

Presumably these pieces of work resulted in written documents being created, and on that basis should have been disclosed or a reason for lack of disclosure given?

Yours sincerely,

Mandy Redfellow

North Yorkshire County Council

Thank you for contacting North Yorkshire County Council (NYCC). We confirm
that we have received your correspondence.
 
If you have submitted a new Freedom of Information (FOI) or Environmental
Information Regulations (EIR) request to NYCC - we will contact you as
soon as possible if we need any more information from you to respond to
your request. If we do not need any more information we will pass your
request onto the appropriate officer to respond. A response will be sent
to you as soon as possible, and within 20 working days as required by the
relevant legislation.
 
If you have requested an internal review of an FOI or EIR response sent to
you by NYCC or otherwise expressed dissatisfaction about an FOI or EIR
response – we will respond to you as soon as possible and within 20
working days, in accordance with best practice guidance.
 
If you have raised a data protection concern about the way in which NYCC
has handled your personal information – we will respond to you as soon as
possible and within 20 working days, in accordance with legal
requirements/best practice guidance.
 
If you have asked to be removed from a mailing list – we will forward your
request onto the relevant department for action.
 
If your correspondence relates to an existing case - we will forward it to
the relevant officer for consideration and action as required.
 
Copied correspondence - we do not respond to correspondence that has been
copied to us.
 
For any other enquiry – NYCC will contact you shortly.
 
If your enquiry is urgent and you request an immediate response please
call the information governance team on 01609 532526.
 
Yours faithfully
 
The information governance team

cypsfoi, North Yorkshire County Council

Dear Mandy Redfellow

 

Thank you for your request for the minutes of all SEN Transport project
meetings held so far and all documents associated with the project to
date.  Please see below our response.

 

No new documents have been produced since your first request. The project
brief and milestone plan are to be disclosed as part of the review process
you requested of the response to your FOI N1171. The project brief and the
milestone document represent the start of the project process. Any
proposals that are produced as a result of the project will be subject to
a public consultation. Minutes of meetings are not produced, so there are
none to disclose to you.

 

Regards

 

show quoted sections

Dear cypsfoi,

Further to my email of 22 July, I am still awaiting a response regarding the following documents:

Re: N1171 Project Brief SEN transport v0 5 Signed off redacted.docx
This document references an appendix, and as part of the appendix, a risk log and a resource plan. Neither the risk log, resource plan nor the full appendix (appendices?) have been supplied. Can you provide a reason why these have been refused or please provide them?

Re: N1171 SEN Transport Milestone Plan June 2016 signed off.docx
This document says:
1 Carry out interviews with families, schools and customers who currently access SEN Transport - Completed and feedback pulled together by JD.
2 Analyse previous year’s discretionary payments - This work is now completed

Presumably these pieces of work resulted in written documents being created, and on that basis should have been disclosed or a reason for lack of disclosure given?

For your reference, the correspondence can be found here:
https://www.whatdotheyknow.com/request/p...

Yours sincerely,

Mandy Redfellow

Infogov - Veritau, North Yorkshire County Council

4 Attachments

Dear Ms Redfellow

Thank you for your request for internal review 22 July 2016. I apologise that these documents were overlooked and the Council failed to respond in full to your original request. I have now attached the following documents:

Resource plan for the project
Risk log for the project
Analysis of SEN discretionary costs
Customer feedback summary

The resource plan and the risk log were the only appendices to the project brief. Please be aware that where necessary we have redacted information which we consider to be personal data. Personal data of third parties is exempt from disclosure under section 40 (2) of the FOIA where disclosure would contravene one or more of the principles of the DPA. Disclosure in this case would breach the first principle of the DPA that requires that the processing of personal data be fair and lawful, and only be processed if one of the conditions in Schedule 2 of the DPA is met. In this case the disclosure would be unfair and none of the conditions of disclosure have been met.

This includes exact figures where fewer than 5 students are involved in the analysis of SEN discretionary costs. This is because the numbers are so low that it is possible that those who already know, or can deduce, the identities of those concerned would learn facts about them that it would be unfair for the council to disclose. Therefore the numbers are withheld under Section 40(2).

I hope this is now satisfactory however please do not hesitate to contact us if you remain dissatisfied you have the right to seek an independent review from the Information Commissioner. Requests for a review by the Information Commissioner should be made in writing directly to:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
[email address]
Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)
Fax: 01625 545 510’


Louise Jackson
Senior Information Governance Officer
Veritau Limited | Veritau North Yorkshire Limited
Assurance Services for the Public Sector
Working on behalf of Hambleton District Council, North Yorkshire County Council, Richmondshire District Council and Ryedale District Council
Telephone: 01609 798233

E-mail: [email address]

For further information about the company please visit our website: www.veritau.co.uk

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