Restraints

Edward fowler made this Freedom of Information request to Aberdeen City Council

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Dear Aberdeen City Council,

I understand that Aberdeen City council commission children out of area residential care that use physically restraints.

How many times were physical restraints used on looked after children in out of area Residential Placements In 2018/2019?
How many looked after children have made a official complaint after being restrained in a out of area placement?
Have looked after children access to totally independent advocacy and legal advice after being Physically restrained?
How many times was physical restraints used on looked after children with disabilities in out of are residential placements in 2018/2019?
Are Aberdeen Council going to review their out of area commissioning policy that advocates using restraints on children as part of a behavioural management policy?

Yours faithfully,

Edward fowler

Foi Enquiries, Aberdeen City Council

Dear Mr Fowler,

 

Thank you for your request for information, made under Section 1(1) of the
Freedom of Information (Scotland) Act (FOISA), and received on 15 July
2020.

 

We would like to ask you to clarify your request so that we can identify
and locate the information which you have requested. Under Section 1(3) of
the FOISA, we do not have to supply you with the requested information
until you have provided us with more detail in this respect.

 

Are Aberdeen Council going to review their out of area commissioning
policy that advocates using restraints on children as part of a
behavioural management policy?

 

The Freedom of Information (Scotland) Act 2002 provides a person with the
right to request recorded information from a public authority and your
question above reads like a request for comment or opinion rather than for
recorded information. We would be extremely grateful if you could clarify
what recorded information you are looking for here?

 

Clarifying these points will help us to be sure we are providing, where
possible, the information you are interested in. Please note we will keep
your request on file for 20 working days whilst we await your
clarification. It can often be helpful to discuss your request with a
member of our team who may be able to help you frame your request or
explain more about how ACC holds its information; if this is something you
feel may be helpful please do call us, and we will be happy to assist you.

 

Please refer to [1]FOISA reviews & appeals and [2]Your Data for more
information about your rights under FOISA.

 

We look forward to hearing from you.

 

Yours sincerely,

 

Grant Webster

Access to Information Officer

 

 

Grant Webster |Access to Information Officer

Aberdeen City Council | Access to Information Team | Customer Feedback
|Customer

Marischal College |Business Hub 6,  1st Floor South | Broad Street |
Aberdeen | AB10 1AQ

 

Dial: 01224 522166

[3]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

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Dear Foi Enquiries,

I understand that Aberdeen City Council commission out of area residential services that use physical restraints on children.

Aberdeen City Council states that Children Services do not use any form of physical restraints within Aberdeen City Homes.

When did Aberdeen City Council last review their policy of commissioning out of are services that use physical restraints on children from Aberdeen?

Yours sincerely,

Edward fowler

Foi Enquiries, Aberdeen City Council

Dear Mr Fowler,

 

Information enquiry reference FOI-20-0691.

 

Many thanks for your recent clarification of your information request,
which we received on 16 July 2020.

 

The scheduled date for our response to your request for information is on
or before 14 August 2020.

 

Please refer to [1]FOISA reviews & appeals and [2]Your Data for more
information about your rights under FOISA.

 

Please do not hesitate to contact us should you have any queries in the
meantime.

 

Yours sincerely,

 

Grant Webster

Access to Information Officer

 

 

Grant Webster |Access to Information Officer

Aberdeen City Council | Access to Information Team | Customer Feedback
|Customer

Marischal College |Business Hub 6,  1st Floor South | Broad Street |
Aberdeen | AB10 1AQ

 

Dial: 01224 522166

[3]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
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this email and recommend that you subject any incoming email to your own
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opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

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Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Fowler,

 

Thank you for your clarified information request of 16 July 2020. 
Aberdeen City Council (ACC) has completed the necessary search for the
information requested. Our response is now detailed below.

 

I understand that Aberdeen City council commission children out of area
residential care that use physically restraints.

 

How many times were physical restraints used on looked after children in
out of area Residential Placements In 2018/2019?

This information is not recorded as an aggregate, it is within child/young
person individual case records.

 

We are unable to provide you with information on how many times were
physical restraints used on looked after children in out of area
Residential Placements In 2018/2019 as the cost of providing it has been
calculated as being in excess of the statutory maximum (£600).  To explain
this, it would involve an ACC Officer to check the case records of all
children who are looked after away from home in residential
establishments. In the financial year 2018/19, we had 97 children that had
placements in a variety of residential establishments, which were not ACC
Children’s Homes. This could then take around 5 hours for each case file -
with some much more than that, as over the course of a full year, some
children would have a very lengthy case file – to retrieve the required
details. This equate 485 hours, at the cost of £7,275 in total.

 

In order to comply with our obligations under the terms of Section 16 of
the FOISA, we hereby give notice that we are refusing your request under
the terms of Section 12 - Excessive Cost of Compliance - of the FOISA.

 

We would be happy to discuss ways in which you may refine your request, so
we can provide some information of interest to you within the maximum cost
limits. Please do contact the Access to Information team, who will be
happy to advise you, if this is something you would like to pursue.

 

How many looked after children have made an official complaint after being
restrained in an out of area placement?

There have been no complaints from Looked After Children about being
restrained in an out of area placement.

 

Have looked after children access to totally independent advocacy and
legal advice after being Physically restrained?

Each commissioned service has bespoke arrangements to ensure that young
people are supported should they experience distress. This includes
debriefing supports should physical restraint have taken place. Access to
independent advocacy and legal advice is offered to children for a wide
variety of reasons.  Children would be reminded of their right (and some
support) to access independent advocacy and legal advice.

 

How many times was physical restraints used on looked after children with
disabilities in out of are residential placements in 2018/2019?

Please see the answer provided to Question 1 above.

 

Aberdeen City Council states that Children Services do not use any form of
physical restraints within Aberdeen City Homes.  When did Aberdeen City
Council last review their policy of commissioning out of area services
that use physical restraints on children from Aberdeen?

Please note that our commissioning is regularly reviewed based on the
needs of individuals as commissioning is linked to individual need, care
planning, and matching considerations, therefore, we do not have a last
review date as such.

 

We are unable to provide you with information on when did Aberdeen City
Council last review their policy of commissioning out of area services
that use physical restraints on children from Aberdeen as it is not held
by ACC.  In order to comply with our obligations under the terms of
Section 17 of the FOISA, we hereby give notice that this information is
not held by us. 

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

We handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002. Please refer to
[1]FOISA reviews & appeals and [2]Your Data for more information about
your rights under FOISA.

 

We hope this helps with your request.

 

Yours sincerely,

 

[3]ACC_Crest_for Salomeh Kheyri Rad | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 6 | 1^st Floor  | Broad
Street | Aberdeen | AB10 1AB

 

Dial: 01224 522166

[4]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

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Dear Aberdeen City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Aberdeen City Council's handling of my FOI request 'Restraints'.

I believe that Aberdeen City Council should monitor and have statistics of Aberdeen children who have been restrained by commissioned services paid by them. It is very concerning that Aberdeen City Council do not have the figures and do not know how many children are being restrained.
I had previously spoken with the Children Commissioner that Aberdeen City Council had reported to Scottish Government stating that they had no children restrained as they have a no restraint policy and it was my understanding that Aberdeen children were being restrained in out of area commissioned services.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

Edward fowler

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Fowler,

 
Thank you for your request for a review, received on 14 August 2020, to
reconsider the information request FOI-20-0691 - Physical Restraints that
you are not satisfied with the content of the response from Aberdeen City
Council (ACC). Under the Freedom of Information (Scotland) Act 2002
(FOISA), if an applicant writes to ACC expressing dissatisfaction with the
way in which ACC has dealt with their request (this includes enquiring
about the status of a late response), ACC must treat this as a formal
request for review. The applicant does not need to specifically ask for a
review.

In accordance with the timescales set out in FOISA, you should receive a
review outcome on or before 14 September 2020. If ACC fails to provide you
with a response by that date, you can apply to the Office of the Scottish
Information Commissioner (OSIC) to make a decision. Please refer to the
Further Information section below.

We would also take this opportunity to advise you that you will have no
further opportunities to seek a review at local authority level after your
response has been provided, as FOISA allows applicants to have one review
only. If you receive your response and disagree with any aspect of it, you
should contact OSIC directly.

FURTHER INFORMATION

If you are not satisfied with the outcome of your request for an internal
review, you can apply directly to the Office of the Scottish Information
Commissioner (OSIC) for a decision. Generally, OSIC cannot make a decision
unless you have been through the ACC’s review procedure. To make an
application to OSIC, please write or email OSIC at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
[1]www.itspublicknowledge.info

An application to OSIC must be made in writing within six months of
receipt of ACC’s Review Decision Notice. When applying to OSIC for a
decision you should give your name and address for correspondence. Please
note that OSIC will not be able to investigate if you have not used your
real name to make your information request. You must also specify:

You must also specify:

● which request for information your requirement for review relates to
● the reason that you asked ACC to carry out a review of your request
● the reason why you are not satisfied with ACC's review outcome decision

The Commissioner will contact ACC and invite its comments on your
application. Thereafter (if no settlement has meantime been reached), the
Commissioner must reach a decision within 4 months of receiving your
application, or within such other period as is reasonable. You will
receive written notice of the outcome of the Commissioner’s decision.

Should you wish to appeal against the Scottish Information Commissioner's
decision, there is an appeal to the Court of Session on a point of law
only. Any such appeal must be made within 42 days after the date of the
decision has been issued.

Yours sincerely,

 

[2]ACC_Crest_for Salomeh Kheyri Rad | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 6 | 1^st Floor  | Broad
Street | Aberdeen | AB10 1AB

 

Dial: 01224 522166

[3]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
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3. http://www.aberdeencity.gov.uk/

Derek Jamieson, Aberdeen City Council

1 Attachment

Dear Mr Edward Fowler

 

Thank you for your email of 14 August 2020 requesting that Aberdeen City
Council (ACC) review its handling of your request. I can now advise you
that we have undertaken an internal review of our decision and the
findings are set out below.

 

Review details

 

You requested that we review our decision based on the following:-

 

I am writing to request an internal review of Aberdeen City Council's
handling of my FOI request 'Restraints'.

I believe that Aberdeen City Council should monitor and have statistics of
Aberdeen children who have been restrained by commissioned services paid
by them. It is very concerning that Aberdeen City Council do not have the
figures and do not know how many children are being restrained.

I had previously spoken with the Children Commissioner that Aberdeen City
Council had reported to Scottish Government stating that they had no
children restrained as they have a no restraint policy and it was my
understanding that Aberdeen children were being restrained

in out of area commissioned services.

 

Review outcome

 

In respect of responses to Questions 1, 2, 3 and 4: The Review
Panel resolved that whilst some information had been provided, overall the
response was not the appropriate response. 

 

Accordingly, the Review Panel resolved to overturn the application
of Section 12 – Excessive Cost of FOISA and refer the request back to
provide a clearer explanation to the request and to further respond to the
applicant. 

 

Additionally, in terms of Section 15 of FOISA and the duty to provide
advice and assistance, the Review Panel resolved to remind the
Service that additional information be provided to fully
explain should the modified response be limited in detail including any
reference under FOISA that would breach the General Data Protection
Regulation (GDPR) and the Data Protection Act 2018. 

 

 

Aberdeen City Council will now respond to your request by 14 September
2020.

 

What happens next?

 

If you are not satisfied with the outcome of your request for an internal
review, you can apply directly to the Office of the Scottish Information
Commissioner (OSIC) for a decision. Generally, OSIC cannot make a decision
unless you have been through the ACC’s review procedure. To make an
application to OSIC, please write or email OSIC at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

[1]www.itspublicknowledge.info

 

An application to OSIC must be made in writing within six months of
receipt of ACC’s Review Decision Notice. When applying to OSIC for a
decision you should give your name and address for correspondence. Please
note that OSIC will not be able to investigate if you have not used your
real name to make your information request. You must also specify:

 

● which request for information your requirement for review relates to

● the reason that you asked ACC to carry out a review of your request

● the reason why you are not satisfied with ACC's review outcome decision

 

The Commissioner will contact ACC and invite its comments on your
application. Thereafter (if no settlement has meantime been reached), the
Commissioner must reach a decision within 4 months of receiving your
application, or within such other period as is reasonable. You will
receive written notice of the outcome of the Commissioner’s decision.

 

Should you wish to appeal against the Scottish Information Commissioner's
decision, there is an appeal to the Court of Session on a point of law
only. Any such appeal must be made within 42 days after the date of the
decision has been issued.

 

Yours sincerely,

 

Derek Jamieson

Review Panel Clerk

Derek Jamieson | Committee Services Officer

Aberdeen City Council | Governance

Town House (1^st Floor) | Broad Street |
Aberdeen | AB10 1AQ

[2]ACC_Crest_for mac email  

Direct Dial: 01224 523057

[3]www.aberdeencity.gov.uk

| Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

Please note that I work variable hours on variable days

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
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3. http://www.aberdeencity.gov.uk/

Dear Derek Jamieson,

Are Aberdeen City Council going to stop using out of area commissioned services that use restraints as a behavioural policy On children? As Aberdeen City Council have a polity of not using restraints on children.

Yours sincerely,

Edward fowler

Derek Jamieson, Aberdeen City Council

Good Morning Mr Fowler.
I do not operate within the area of interest that your enquiry relates to.
I have redirected your request to the appropriate service within Aberdeen
City Council.
Such requests are best directed via [1]Aberdeen City Council's contact
section on or webpage.
Regards
DJ

show quoted sections

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Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Fowler,

 

Please accept our sincerest apologies that we have failed to respond to
your review request within the statutory deadline. 

 

We are endeavouring to ensure you receive a response within the next 5
working days.

 

FURTHER INFORMATION

        

If you are not satisfied with the outcome of your request for review, you
can apply directly to the Office of the Scottish Information Commissioner
(OSIC) for a decision. Generally, OSIC cannot make a decision unless you
have been through the Council’s review procedure. The Scottish Information
Commissioner can be contacted at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

[1]www.itspublicknowledge.info

 

Should you wish to appeal against the Scottish Information Commissioner's
decision, there is an appeal to the Court of Session on a point of law
only. Any such appeal must be made within 42 days after the date of the
decision has been issued.

 

Yours sincerely,

 

 

[2]ACC_Crest_for Salomeh Kheyri Rad | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 6 | 1^st Floor  | Broad
Street | Aberdeen | AB10 1AB

 

Dial: 01224 522166

[3]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. http://www.itspublicknowledge.info/
3. http://www.aberdeencity.gov.uk/

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Fowler,

 

Thank you for your email of 14 August 2020 requesting that Aberdeen City
Council (ACC) review its handling of your request and please accept our
sincere apologies for delay in providing the response to you. Following
the outcome of the Review Panel, please see below the altered response:

 

Review details

 

You requested that we review our decision based on the following:-

I am writing to request an internal review of Aberdeen City Council's
handling of my FOI request 'Restraints'.

I believe that Aberdeen City Council should monitor and have statistics of
Aberdeen children who have been restrained by commissioned services paid
by them. It is very concerning that Aberdeen City Council do not have the
figures and do not know how many children are being restrained.

I had previously spoken with the Children Commissioner that Aberdeen City
Council had reported to Scottish Government stating that they had no
children restrained as they have a no restraint policy and it was my
understanding that Aberdeen children were being restrained in out of area
commissioned services.

Review outcome

 

In accordance with Section 21(4)(c) of FOISA, please find below the
response to your information request, which comprises the Review Outcome:

In respect of responses to Questions 1, 2, 3 and 4: The Review
Panel resolved that whilst some information had been provided, overall the
response was not the appropriate response. 

Accordingly, the Review Panel resolved to overturn the application
of Section 12 – Excessive Cost of FOISA and refer the request back to
provide a clearer explanation to the request and to further respond to the
applicant. 

Additionally, in terms of Section 15 of FOISA and the duty to provide
advice and assistance, the Review Panel resolved to remind the
Service that additional information be provided to fully
explain should the modified response be limited in detail including any
reference under FOISA that would breach the General Data Protection
Regulation (GDPR) and the Data Protection Act 2018. 

Please see below the altered response to Question 1 to 4:

 

I understand that Aberdeen City council commission children out of area
residential care that use physically restraints.

 

How many times were physical restraints used on looked after children in
out of area Residential Placements In 2018/2019?

We are unable to provide information which provides the number of
children/young people where a physical restraint intervention took place
within an ‘out of area’ placement within the timeframe requested. This is
because placements are purchased from providers whose provision is agreed
as part of a national contractual framework and as such, these providers
are regulated by the Care Inspectorate, with all incidents of physical
restraint subject to a notification procedure to the Care Inspectorate.
Placements are made using an individual agreement. These agreements
indicate that the provider should notify the allocated Social Worker of
incidents where there have been physical restraint. So there is collective
knowledge on an individual case by case basis of when physical restraint
has occurred. In addition to the oversight and safeguarding role of the
Social Worker, there is also the looked after review process, which
addresses and will seek to identify any issues which have led to a
physical restraint being applied.

 

This information is not recorded as an aggregate, it is within child/young
person individual case records.

 

We are unable to provide you with information on how many times were
physical restraints used on looked after children in out of area
Residential Placements In 2018/2019 as the cost of providing it has been
calculated as being in excess of the statutory maximum (£600).  To explain
this, it would involve an ACC Officer to check the case records of all
children who are looked after away from home in residential
establishments. In the financial year 2018/19, we had 97 children that had
placements in a variety of residential establishments, which were not ACC
Children’s Homes. This could then take around 5 hours for each case file -
with some much more than that, as over the course of a full year, some
children would have a very lengthy case file – to retrieve the required
details. This equate 485 hours, at the cost of £7,275 in total.

 

Please note that as a purchaser of out of area placements we are seeking
to ensure that placement matches are made which best meet the individual
needs of the young person and we seek to identify  provision which
operates in partnership with the young person and their family as well as
the service purchaser.

 

How many looked after children have made an official complaint after being
restrained in an out of area placement?

None. There have been no complaints from Looked After Children about being
restrained in an out of area placement.

 

Have looked after children access to totally independent advocacy and
legal advice after being Physically restrained?

Placement providers operate within National Care Standards as well as
within the notification and regulatory framework of the Care Inspectorate
as above. All providers are required to have a debriefing process in place
for the young person following an incident of physical restraint.
Depending on the geographical location of the provision, there will be
variable access to a range of provision, this can include young people
being offered advocacy from Who Cares? Scotland, or Barnardos who are two
of the third sector providers . Young people also have the option where it
exists of accessing a local Children’s Rights Service. ACC has supported
all looked after young people to have access to the Mind of My Own app,
which offers an opportunity for young people to express their views and
seek support across a range of issues including advocacy. All these
resources are in addition to allocated Social Workers and the response
expected from providers to provide both direct contact and literature
which will be used to provide a young person with information which
supports their taking effect to the UN Convention on Rights of the Child
in terms of Article 12.

 

How many times was physical restraints used on looked after children with
disabilities in out of are residential placements in 2018/2019?

As explained in our response to Question 1, we are unable to provide
information which provides the number of children/young people with
disabilities where a physical restraint intervention took place within an
‘out of area’ placement within the timeframe requested. This is because
placements are purchased from providers whose provision is agreed as part
of a national contractual framework and as such, these providers are
regulated by the Care Inspectorate, with all incidents of physical
restraint subject to a notification procedure to the Care Inspectorate.
Placements are made using an individual agreement. Agreements indicate
that the provider should notify the allocated Social Worker of incidents
where there have been physical restraint. So there is collective knowledge
on an individual case by case basis of when physical restraint has
occurred. In addition to the oversight and safeguarding role of the Social
Worker, there is also the looked after review process, which addresses
and will seek to identify any issues which have led to a physical
restraint being applied.

 

This information is not recorded as an aggregate, it is within child/young
person individual case records.

 

We are unable to provide you with information on how many times was
physical restraints used on looked after children with disabilities in out
of are residential placements in 2018/2019 as the cost of providing it has
been calculated as being in excess of the statutory maximum (£600).  To
explain this, it would involve an ACC Officer to check the case records of
all children who are looked after away from home in residential
establishments. In the financial year 2018/19, we had 60 children with
disabilities that had placements in a variety of residential
establishments, which were not ACC Children’s Homes. This could then take
around 5 hours for each case file - with some much more than that, as over
the course of a full year, some children would have a very lengthy case
file – to retrieve the required details. This equate 300 hours, at the
cost of £4,500 in total.

 

Please note that as a purchaser of out of area placements we are seeking
to ensure that placement matches are made which best meet the individual
needs of the young person and we seek to identify  provision which
operates in partnership with the young person and their family as well as
the service purchaser.

 

What happens next?

 

If you are not satisfied with the outcome of your request for an internal
review, you can apply directly to the Office of the Scottish Information
Commissioner (OSIC) for a decision. Generally, OSIC cannot make a decision
unless you have been through the ACC’s review procedure. To make an
application to OSIC, please write or email OSIC at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

[1]www.itspublicknowledge.info

 

An application to OSIC must be made in writing within six months of
receipt of ACC’s Review Decision Notice. When applying to OSIC for a
decision you should give your name and address for correspondence. Please
note that OSIC will not be able to investigate if you have not used your
real name to make your information request. You must also specify:

 

● which request for information your requirement for review relates to

● the reason that you asked ACC to carry out a review of your request

● the reason why you are not satisfied with ACC's review outcome decision

 

The Commissioner will contact ACC and invite its comments on your
application. Thereafter (if no settlement has meantime been reached), the
Commissioner must reach a decision within 4 months of receiving your
application, or within such other period as is reasonable. You will
receive written notice of the outcome of the Commissioner’s decision.

 

Should you wish to appeal against the Scottish Information Commissioner's
decision, there is an appeal to the Court of Session on a point of law
only. Any such appeal must be made within 42 days after the date of the
decision has been issued.

 

Yours sincerely,

 

[2]ACC_Crest_for Salomeh Kheyri Rad | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 6 | 1^st Floor  | Broad
Street | Aberdeen | AB10 1AB

 

Dial: 01224 522166

[3]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

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References

Visible links
1. http://www.itspublicknowledge.info/
3. http://www.aberdeencity.gov.uk/

Dear Aberdeen City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Aberdeen City Council's handling of my FOI request 'Restraints'.

I still believe that the statistics I requested in my original request should be available.
This is important information the Aberdeen City Council should have.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

Edward fowler

Foi Enquiries, Aberdeen City Council

Dear Mr Fowler,

Please refer to our response dated 22 September 2020 which was sent to you in relation to your review request.

As explained in our review response, you can apply directly to the Office of the Scottish Information Commissioner (OSIC) for a decision if you are not satisfied with the outcome of your request for an internal review. To make an application to OSIC, please write or email OSIC at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
www.itspublicknowledge.info

An application to OSIC must be made in writing within six months of receipt of ACC’s Review Decision Notice. When applying to OSIC for a decision you should give your name and address for correspondence. Please note that OSIC will not be able to investigate if you have not used your real name to make your information request. You must also specify:

● which request for information your requirement for review relates to
● the reason that you asked ACC to carry out a review of your request
● the reason why you are not satisfied with ACC's review outcome decision

The Commissioner will contact ACC and invite its comments on your application. Thereafter (if no settlement has meantime been reached), the Commissioner must reach a decision within 4 months of receiving your application, or within such other period as is reasonable. You will receive written notice of the outcome of the Commissioner’s decision.

Should you wish to appeal against the Scottish Information Commissioner's decision, there is an appeal to the Court of Session on a point of law only. Any such appeal must be made within 42 days after the date of the decision has been issued.

Hope this helps and please let us know in case of any further details needed.

Kind regards,

Salomeh Kheyri Rad | Access to Information Officer
Aberdeen City Council | Access to Information Team | Customer Feedback |Customer
Marischal College | Business Hub 6 | 1st Floor  | Broad Street | Aberdeen | AB10 1AB
 
Dial: 01224 522166
www.aberdeencity.gov.uk | Twitter: @AberdeenCC | Facebook.com/AberdeenCC

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