Request for statistics on referrals to social services

Jonathan Samuel made this Freedom of Information request to Kisharon School, London Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

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Response to this request is long overdue. By law, under all circumstances, Kisharon School, London should have responded by now (details). The person who made the request can complain by requesting an internal review.

Dear Kisharon School,

This is a Freedom of Information Request.

1) Numbers of referrals of pupils to social services by the school.

Please supply the number of referrals of Kisharon School pupils to Social Services by the school between September 2019 and July 2020 inclusive.

Please supply the number of referrals of Kisharon School pupils to Social Services by the school between September 2020 and May 2021 inclusive.

Please supply the number of referrals of Kisharon School pupils to Social Services by the school between June 2021 and April 2024 inclusive.

Please give a breakdown of these figures by local authority and by the type of referral.

Please advise how many in total of these referrals (since Sep 2019) were related to sexual or sexualised behaviour.

2) For the same time periods, please supply the number of individual parents who were banned from the school premises by the school,

3) For the same time periods, please supply the number of pupils, parents or ex-parents who were reported to the police by the school, and how many of these reports to the police resulted in a charge, a successful prosecution, an unsuccessful prosecution, or in no further legal action being taken by the police.

4) For each complete financial year since 2019/20 please advise how much the school spent on lawyers fees.

5) For each complete financial year since 2019/20 please advise how much the school spent on mediation.

Thank you

Yours sincerely,

Jonathan Samuel

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Dear Jonathan Samuel,

We write on behalf of Kisharon School in our capacity as the school’s Data
Protection Officer.

We write in response to your recent Freedom of Information request
submitted to the school on the 18th June 2024. Your request concerns
information/figures related to social services referrals.

Please be advised that the school are relying on section 14(1) to refuse
this request.

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to: [1][email address].
Please provide full details of the reasons why you believe your request
was not handled properly.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

Yours sincerely,

[2]Judicium Education

Judicium Consulting Ltd T/A Judicium Education
72 Cannon Street, London - EC4N 6AE

Tel: 0345 548 7000 (Option 1, then 1)

Web: [3]www.judiciumeducation.co.uk

Twitter: [4]@DPOforSchools

CONFIDENTIALITY NOTICE

This communication is from Judicium Consulting Limited, 72 Cannon Street,
London, EC4N 6AE. The information contained in this communication is
confidential and may be privileged. It is for the exclusive use of the
intended recipient. If you are not the intended recipient, please do not
distribute, copy or otherwise use this communication or the information in
it. If you have received this communication in error, please notify us by
e-mail at [14][email address] and then delete the e-mail (including
any attachments) and any copies of it. Please refer to our Privacy Policy
on our website for details on how we handle personal data.

References

Dear Judicium Data Services,

Re: Request for Internal Review of Freedom of Information Act Response

I am writing to request an internal review of Kisharon School’s decision of 3 July 2024 to refuse my Freedom of Information request dated 18 June 2024 under Section 14(1) of the Freedom of Information Act.

I strongly disagree with the classification of my request as vexatious. The information I have requested is of legitimate public interest and is crucial for understanding the operational practices of Kisharon School, particularly in relation to safeguarding and use of resources.

My reasons for disagreeing with your decision are as follows:

1. Legitimate Purpose: The request is not intended to cause disruption or annoyance. It is a genuine attempt to gather factual information about the school's practices over a specific period.

2. Public Interest: The data requested relates to important matters of child safeguarding and use of public resources, which are clearly in the public interest.

3. Reasonable Scope: The request is specific in nature, covering defined time periods and asking for numerical data rather than detailed records. This should not place an undue burden on the school's resources.

4. Proportionality: The information requested is proportionate to the legitimate aim of understanding the school's practices and any potential changes over time.

Furthermore, I would like to draw your attention to the Information Commissioner's Office (ICO) guidance on the application of Section 14(1), which states:

"It is important to remember that you can only apply section 14(1) to the request itself, and not the individual who submits it. You cannot, therefore, refuse a request on the grounds that the requester themself is vexatious. Similarly, you cannot refuse a new request solely on the basis that you have classified previous requests from the same individual as vexatious."

The school may have some concerns that releasing this information may possibly incur reputational damage. However I suggest that the balance in the public interest between child safeguarding of SEN children and any possible reputational damage that might occur if the data suggested, for example, that a former employee of the school may have been a “trigger-happy” reporter of children to Social Services or that during their tenure the school spent an unusually large amount of public and charitable money on legal fees, must clearly weigh firmly on the side of child protection. I also draw your attention to the ICO guidance which states:

“Section 14(1) is concerned with the nature of the request rather than any damage releasing the requested information may have.”

The guidance clearly indicates that Section 14(1) does not exempt information that may cause reputational damage, and that each request should be considered on its own merits, and, regardless of any previous requests I may have made. The fact that I have made two other FOI requests to the school (requesting trustees' meeting minutes and the headteacher's reports), neither of which were classified as vexatious, does not justify classifying this separate and distinct request as vexatious.

Given the legitimate purpose of this request and the ICO's clear guidance, I respectfully ask that you approach the school suggesting they reconsider their decision and provide the requested information. If they maintain their position, please will you provide a detailed explanation of why this specific request meets the criteria for vexatious requests under the ICO guidelines, focusing on the content and nature of the request itself, rather than any previous correspondence or any unfounded allegations made by the former headteacher or school leaders.

Thank you for your attention to this matter. I look forward to your response within the statutory timeframe for internal reviews.

Yours sincerely,
Jonathan Samuel

Dear Jonathan Samuel,

I am writing to confirm receipt your request for an internal review following the refusal notice issued by the school.

The school will endeavour to provide you with a response by no later than the 12th September.

Yours sincerely,

Judicium Consulting Ltd T/A Judicium Education
72 Cannon Street, London - EC4N 6AE

Tel: 0345 548 7000 (Option 1, then 1)
Web: www.judiciumeducation.co.uk
Twitter: @DPOforSchools

CONFIDENTIALITY NOTICE
This communication is from Judicium Consulting Limited, 72 Cannon Street, London, EC4N 6AE. The information contained in this communication is confidential and may be privileged. It is for the exclusive use of the intended recipient. If you are not the intended recipient, please do not distribute, copy or otherwise use this communication or the information in it. If you have received this communication in error, please notify us by e-mail at [email address] and then delete the e-mail (including any attachments) and any copies of it. Please refer to our Privacy Policy on our website for details on how we handle personal data.

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Dear Jonathan Samuel,

We write on behalf of Kisharon School to acknowledge receipt of your
Freedom of Information request, submitted to the school on the 21^st June
2024.

Under the Freedom of Information Act 2000, the school is required to
respond to you within 20 school days.

The school will endeavour to provide you with a response by no later than
the 2^nd September.

Yours sincerely,

[1]Judicium Education

Judicium Consulting Ltd T/A Judicium Education
72 Cannon Street, London - EC4N 6AE

Tel: 0345 548 7000 (Option 1, then 1)

Web: [2]www.judiciumeducation.co.uk

Twitter: [3]@DPOforSchools

CONFIDENTIALITY NOTICE

This communication is from Judicium Consulting Limited, 72 Cannon Street,
London, EC4N 6AE. The information contained in this communication is
confidential and may be privileged. It is for the exclusive use of the
intended recipient. If you are not the intended recipient, please do not
distribute, copy or otherwise use this communication or the information in
it. If you have received this communication in error, please notify us by
e-mail at [13][email address] and then delete the e-mail (including
any attachments) and any copies of it. Please refer to our Privacy Policy
on our website for details on how we handle personal data.

References

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Headteachers Report Autumn 2 2023.pdf

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Headteachers Report Autumn 2.pdf

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Headteachers Report Spring 1 2023.pdf

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Headteachers Report Spring 1 2024.pdf

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Headteachers Report Spring 1.pdf

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Headteachers Report Summer 1 2022.pdf

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Headteachers Report Summer 1 2023.pdf

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Headteachers Report Summer 2.pdf

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Item 8.1 Headteachers Report Spring 2 2024.pdf

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Headteachers Report Autumn 1 2022.pdf

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Headteachers Report Autumn 1 2023.pdf

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Headteachers Report Autumn 1.pdf

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Dear Jonathan Samuel,

We write further to previous correspondence dated 21^st June 2024 in which
we acknowledged receipt of your Freedom of Information request submitted
to Kisharon School.

As you will recall, you requested the following information held by the
school: Headteacher’s reports

A copy of the requested information is attached to this email. To confirm,
the following information has been disclosed:

• Item 8.1 Headteachers Report Spring 2 2024
• Headteachers Report Summer 2
• Headteachers Report Summer 1 2023
• Headteachers Report Summer 1 2022
• Headteachers Report Spring 1 2024
• Headteacher Report Spring 1 2023
• Headteachers Report Spring 1
• Headteachers Report Autumn 2 2023
• Headteachers Report Autumn 2
• Headteachers Report Autumn 1 2023
• Headteachers Report Autumn 1 2022
• Headteachers Report Autumn 1

Some information has been redacted in order to protect the identities of
third parties where appropriate.

Yours sincerely,

[2]Judicium Education

Judicium Consulting Ltd T/A Judicium Education
72 Cannon Street, London - EC4N 6AE

Tel: 0345 548 7000 (Option 1, then 1)

Web: [3]www.judiciumeducation.co.uk

Twitter: [4]@DPOforSchools

CONFIDENTIALITY NOTICE

From: Data Services
Sent: Wednesday, July 10, 2024 4:08 PM
To: [FOI #1140568 email]
Subject: Freedom of Information request - FOI request for the
Headteacher’s Reports

Dear Jonathan Samuel,

We write on behalf of Kisharon School to acknowledge receipt of your
Freedom of Information request, submitted to the school on the 21^st June
2024.

Under the Freedom of Information Act 2000, the school is required to
respond to you within 20 school days.

The school will endeavour to provide you with a response by no later than
the 2^nd September.

Yours sincerely,

[15]Judicium Education

Judicium Consulting Ltd T/A Judicium Education
72 Cannon Street, London - EC4N 6AE

Tel: 0345 548 7000 (Option 1, then 1)

Web: [16]www.judiciumeducation.co.uk

Twitter: [17]@DPOforSchools

CONFIDENTIALITY NOTICE

This communication is from Judicium Consulting Limited, 72 Cannon Street,
London, EC4N 6AE. The information contained in this communication is
confidential and may be privileged. It is for the exclusive use of the
intended recipient. If you are not the intended recipient, please do not
distribute, copy or otherwise use this communication or the information in
it. If you have received this communication in error, please notify us by
e-mail at [27][email address] and then delete the e-mail (including
any attachments) and any copies of it. Please refer to our Privacy Policy
on our website for details on how we handle personal data.

References

Dear Jonathan Samuel,

We write further to previous correspondence dated 10th July 2024 confirming receipt of your request for an internal review.

We can confirm that the school has now conducted such a review and the decision has been upheld in full. In reaching this decision, the following points have been considered:

• The information requested is considered to relate directly to the ongoing complaints and issues that you have raised in relation to the school and specifically, Emily Haddock.
• In line with the above, it is considered that the information requested is for personal use as opposed to information that would reasonably be expected to be published due to the transparency obligation under freedom of information.
• Seeking and collating such information which is not readily available would cause severe disruption to the school due to the size of the school and limited SLT members of staff.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

Information Commissioner's Office,
Wycliffe House, Water Lane,
Wilmslow, Cheshire
SK9 5AF.

Yours sincerely,

Judicium Consulting Ltd T/A Judicium Education
72 Cannon Street, London - EC4N 6AE

Tel: 0345 548 7000 (Option 1, then 1)
Web: www.judiciumeducation.co.uk
Twitter: @DPOforSchools

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Jonathan Samuel left an annotation (18 July 2024)

The reply with the Headteacher's reports should have been sent as a reply to my other FOI request "FOI request for the Headteacher’s Reports presented to the Kisharon School Trustees between Jan 2021 and Jun 2024 inclusive" but was accidentally sent to this one by the FOI officer by mistake.

Dear Jonathan Samuel,

I write further to the below email.

Please could you kindly confirm receipt?

Thank you in advance.

Kind regards,

Judicium Consulting Ltd T/A Judicium Education
72 Cannon Street, London - EC4N 6AE

Tel: 0345 548 7000 (Option 1, then 1)
Web: www.judiciumeducation.co.uk
Twitter: @DPOforSchools

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Dear Judicium Data Services,

I confirm receipt of your email of Thursday, July 18, 2024 1:11 PM.

I was uncertain of the legality of the school’s withholding the important information I have asked for under the FOIA on the grounds that you have stated in your letter and so I am considering the matter carefully and will respond to you as soon as I am able.

As you will appreciate, the school has its staff, trustees, legal advisors and also yourselves as FOI experts, to advise on responding to awkward FOI requests, whereas I am simply a working family man with limited time and no such resources available to me. It can take me a little time to review the response and check the wording of the FOI law and guidelines to determine whether the reasons given for not divulging important information to the public are legally valid or not.

I will revert in due course, hopefully by September 2024.

Yours sincerely,

Jonathan Samuel

Dear Judicium Consulting Ltd and Kisharon School,

Re: Freedom of Information Request - Final Request for Reconsideration

Please acknowledge receipt of this letter.

I am writing in response to your decision, communicated on 18 July 2024, to uphold the refusal of my Freedom of Information request dated 18 June 2024 under Section 14(1) of the Freedom of Information Act.

After careful consideration of your response, I respectfully disagree with your assessment and urge you to reconsider your position for the following reasons:

1. Public Interest: The information requested pertains to safeguarding practices and use of public funds, which are matters of significant public interest. This goes beyond any personal concern and speaks to the broader issue of protecting vulnerable children in educational settings.

2. Misapplication of Section 14(1): Your response appears to focus on perceived motivation rather than the nature of the request itself. The Information Commissioner's Office (ICO) guidance clearly states that Section 14(1) should be applied to the request, not the requester.

The school has stated in it’s response
“The information requested is considered to relate directly to the ongoing complaints and issues that you have raised in relation to the school and specifically, Emily Haddock. In line with the above, it is considered that the information requested is for personal use as opposed to information that would reasonably be expected to be published due to the transparency obligation under freedom of information. ”

This is an apparent allusion to my “Disclosure in the Public Interest or Whistleblower Report” in relation to Dr Emily Haddock, the school’s former headteacher, that I submitted to the Department for Education in August 2023 and to letters I and my wife have written to the Trustees of Kisharon School and Kisharon Langdon. Following untrue representations attacking my good character and my wife’s good character, the DfE did not read my disclosure in full, or fully investigate it. A year on, this is the subject of a complaint currently in process about the DfE for their mishandling of the matter.

I see no relevance of any of this to my Freedom of Information Request to the school.

The suggestion the information is for “personal use” and not “public interest” is incorrect.

However, the school has now, on at least three separate occasions, and with at least three different persons, utilised the ad hominem argument that the person raising concerns is “vexatious” or “a harassing parent” or “has a personal grudge” in order to avoid any investigation of serious matters and concerns that should have been looked into properly. I am thinking of safeguarding concerns raised formally by myself with the DfE, by my wife with the school and Kisharon Trustees, and by a former member of the teaching staff with the school Trustees. And now, this FOI request.

This is poor governance and demonstrates a lack of openness.

In the case of an FOI request, it is contrary to the correct application and interpretation of the Freedom of Information law and guidelines.

3. Transparency: As a publicly funded institution, there is a reasonable expectation of transparency regarding practices that impact child safety and resource allocation.

4. Objective Data: The request is for numerical data which, if proper records are kept, should not cause undue disruption to compile.

5. Prevention of Future Harm: My motivation, which should not be a factor in assessing the validity of the request, is to contribute to preventing potential future harm to vulnerable children with Special Educational Needs in educational settings.

I would like to emphasize that escalating this matter to the ICO is not my preferred course of action. However, I am prepared to do so if necessary. Before taking that step, I am offering you this opportunity to reconsider your decision and provide the requested information.

If you maintain your position, please provide a more detailed explanation of how this specific request meets the criteria for vexatiousness under Section 14(1), focusing solely on the nature of the request itself, as per ICO guidelines.

I look forward to your response by Monday 16th September 2024 (10 working days from the start of the school Autumn term) and I would expect you to supply the requested information within 20 working school days from the start of the school Autumn term (10 October) which should give adequate time to compile the information that I have requested. If for any reason you need more time to compile to information please advise me of an alternative date.

If I do not hear from you within this timeframe, or if you still are unwilling to supply the requested information, I will proceed with a complaint to the ICO.

Thank you for your attention to this matter.

Yours sincerely,
Jonathan Samuel

Jonathan Samuel left an annotation (11 September 2024)

I am giving the school a few more days, until 16 Sep 2024, to respond, since the new term only started on Monday 2 September 2024.

Jonathan Samuel left an annotation (24 September 2024)

No receipt received to email of 12 Aug.
No response received to email of 12 Aug.
Case referred to the Information Commissioner’s Office.

Jonathan Samuel left an annotation (24 September 2024)

Case referred to the Information Commissioner's Office on 16 Sep 2024.

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Request for statistics on referrals to social services

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Jonathan Samuel left an annotation (18 July 2024)

Jonathan Samuel left an annotation (11 September 2024)

Jonathan Samuel left an annotation (24 September 2024)

Jonathan Samuel left an annotation (24 September 2024)

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