Dear Brighton and Hove City Council,

Cllr Bewick is reported in the press as saying that youth services, proposed to be cut, are discretionary.

Please confirm the Council's understanding on this issue, I provide this link re an FoI to the Government is recent weeks and their response:
https://www.whatdotheyknow.com/request/l...

In view of this situation please answer the following questions:

1. Has the Council undertaken any consultation with young people as required in s507b of the 1996 Education SAct as amended 2006?

2. If so, how was this undertaken, how many responses were received? If not, why not?

3. Is the Council aware that quantity of such provision is the yardstick by which 'sufficiency' is to be measured?

4. Did the Council consider the option of getting other agencies, such as local youth bodies, to take on delivery, how have they been consulted?

5, Please confirm that, if the Council agrees with the statutory nature of this provision by the Council via its LEA, it will straightway advise Bewick etc of the need to make such decisions with that factor to the fore?

Yours faithfully,

Jan Cosgrove

Freedom Of Information, Brighton and Hove City Council

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Information Governance Team

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Freedom Of Information, Brighton and Hove City Council

 

 

 

 

Please find set out below the information in response to your request
reference FOI7357….

 

 

1.    Has the Council undertaken any consultation with young people as
required in s507b of the 1996 Education SAct as amended 2006? Consultation
is planned to commence  in the first half of January 2017.

 

2.  If so, how was this undertaken, how many responses were received?  If
not, why not?

 

3.  Is the Council aware that quantity of such provision is the yardstick
by which 'sufficiency' is to be measured?   JO?

 

4.  Did the Council consider the option of getting other agencies, such as
local youth bodies, to take on delivery, how have they been consulted? The
council will continue to consult with the CVS organisations to identify
ways in which youth provision can continue to be offered locally.

 

5,  Please confirm that, if the Council agrees with the statutory nature
of this provision by the Council via its LEA, it will straightway advise
Bewick etc of the need to make such decisions with that factor to the
fore?   The council will continue to highlight to councillors,  the
statutory obligations to the council, in relation to its ongoing youth
provision.

 

 

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References

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4. http://www.ico.org.uk/

Dear Freedom Of Information,

Thank you. Your response lacks clarity/information.

You have not replied re Q3, please do so.

On Q1/Q2 please state how this is to be undertaken.

On Q4, I asked whether, as regards the proposed cuts, this option has been considered, and the context of s508(3) of the 1996 Education Act, which is mandatory, should be considered when responding. You have not replied adequately.

On Q5 this was a specific reference to there being a statutory obligation re provision of a sufficiency of provision in terms of quantity. Kindly confirm that the Council accepts it has such an obligation, given the FoI I drew to your attention from the DoE, and that as Cllr Bewick was reported as stating the service is discretionary, you have drawn his attention to the actual position.

Yours sincerely,

Jan Cosgrove

Freedom Of Information, Brighton and Hove City Council

Thank you for submitting your Freedom of Information (FOI) request to
Brighton & Hove City Council.

 

We will respond to your request within 20 working days as stipulated under
the Freedom of Information Act (2000).

 

Regards,

 

Information Governance Team

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation.

Freedom Of Information, Brighton and Hove City Council

Good morning

Thank you for your email which has been forwarded to the department concerned and we shall respond as quickly as possible.

Wendy Kassamani| Information Governance Officer (Information Governance Team) | 4th Floor | Bartholomew House | Bartholomew Square| Brighton | BN1 1JE | Tel: 01273 296636 | Information Security: x5959 | Email: [email address]

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Freedom Of Information, Brighton and Hove City Council

Hi Jan,

Q1 and Q2 – Planning on consultation is underway and is intended to commence by the end of January 2017, we are unable to provide any more information as this has yet to be agreed. This is in line with the requirements of the statutory guidance for local authorities on services and activities to improve young people’s well-being, June 2012.
Q3 - Please could you clarify what information you are requesting or simplify your request in order for us to provide a response.
Q4 – We are currently considering this, but this is subject to outcome from Budget Council planned for February 2017.
Q5 – We confirm that the Council accepts its obligations and Councillors have been circulated relevant guidance and legislation to ensure this is addressed appropriately.

Many thanks,

Katie Rees
Information Governance Officer
Brighton & Hove City Council
Respect Collaboration Efficiency Openness Creativity Customer Focus

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Dear Freedom Of Information/Katie

Many thanks, very helpful.

Q3. To measure whether an LEA etc is fulfilling its s507b/507a responsibilities, the yardstick is sufficiency of provision for the young people described as needing the services, and cost is not the main determining factor. Indeed, I am advised that 'quantity' is the main measure as regards sufficiency. That must relate to numbers of qualifying young people.

So any proposed budget cuts which a) ignore that sufficiency principle and b) which cause the required sufficiency of the statutory provision not to be met are open to challenge as being unlawful. Can you please give me the Council's understanding of this and that Cllr Bewick's reported description of the services as discretionary was not based on the actual status of the provision as above?

I am sure you will recognise the importance of this question and thank you for your answers to date. My aim is to seek clarity as to the Council's understanding of its statutory obligations in the light of the original press reporting.

Yours sincerely,

Jan Cosgrove

Freedom Of Information, Brighton and Hove City Council

Thank you for submitting your Freedom of Information (FOI) request to
Brighton & Hove City Council.

 

We will respond to your request within 20 working days as stipulated under
the Freedom of Information Act (2000).

 

Regards,

 

Information Governance Team

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation.

Katie Rees,

1 Attachment

Good Afternoon Jan,

Please find attached our response to FOI7357.
Apologies, the titled attachment has your name as Cosgrave, but have made sure all systems say Cosgrove.

Kindest Regards,

Katie Rees
Information Governance Officer
Brighton & Hove City Council
Respect Collaboration Efficiency Openness Creativity Customer Focus

show quoted sections

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