Dear Mr Fowler

Information enquiry reference FOI-19-0702.

Thank you for your recent request for information, which we received on 20
May 2019.

The scheduled date for our response to your request for information is on
or before 18 June 2019.

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

Yours sincerely,

[1]ACC_Crest_for Tomina Egbuson | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College |Business Hub 17,  3^rd Floor | Broad
Street | Aberdeen | AB10 1AQ

Dial: 01224 522166

[2]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
2. http://www.aberdeencity.gov.uk/

Dear Mr Fowler,

Thank you for your information request of 20 May 2019.  Aberdeen City
Council (ACC) has completed the necessary search for the information
requested. Our response is now detailed below.

1.       Are all those who work with children and young people with
special needs, autism, special abilities who have used restraints and
isolation techniques thoroughly trained?

Please note that staff are trained in BSS without the activation of the
physical restraint interventions. We utilise a DDP approach which builds
on trauma sensitive responses in our interventions with our young people.

2.       How many instances have been recorded in 2018 and in 2019 to date
of children/young people being restrained or isolated?

There have been none as we have a non-physical restraint approach to our
behavioural management interventions with young people in our Children’s
Homes.

3.       Have any children/young people being restrained ever been
traumatised by the event of being restrained or isolated?

Not applicable. Please see the response to question 2.

4.       Have any children/young people been bruised, cut or otherwise
injured when being restrained - please supply date, nature and number of
any such injuries.

Not applicable. Please see the response to question 2.

5.       Have any parents or guardians lodged complaints about such
treatment/injuries?

Not applicable. Please see the response to question 2.

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

ACC handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002. Please refer to the
attached PDF for more information about your rights under FOISA.

We hope this helps with your request.

Yours sincerely,

[1]ACC_Crest_for Tomina Egbuson | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College |Business Hub 17,  3^rd Floor | Broad
Street | Aberdeen | AB10 1AQ

Dial: 01224 522166

[2]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
2. http://www.aberdeencity.gov.uk/

Dear Mr Fowler,

Thank you for your request for a review, received on 16 July 2019, to
reconsider the information request  FOI-19-0702 – Restrained LAC on the
basis 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 August 2019. If a response to your
information request is provided on or before that date, this will be
deemed to be the review outcome. 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.

I 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,
On behalf of Review Panel Clerk

[2]ACC_Crest_for Tomina Egbuson | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College |Business Hub 17,  3^rd Floor | 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
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/

Dear Mr Fowler,

Thank you for your email of 16 July 2019 requesting that Aberdeen City
Council (ACC) review its handling of your request on the basis that you
are not satisfied with the content of the response provided . I can now
advise you that we have undertaken an internal review of our decision and
the findings are set out below.

Review details

In the reply FOI 19-0702

It failed to mention that however  looked after children can be sent to an
approved service provider's  out with Aberdeen who do not follow Aberdeen
City Council procedure's policies or guidelines. can you please confirm
this?

Does this means that restrains, seclusion, isolation and injuries are
accepted if carried out by paid service providers out with Aberdeen

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:

It failed to mention that however  looked after children can be sent to an
approved service provider's  out with Aberdeen who do not follow Aberdeen
City Council procedure's policies or guidelines. can you please confirm
this?

Young people are frequently placed with service providers who utilise
physical restraint as part of their delivery of care and support to young
people. All these providers are subject to regulation and are part of a
commissioning framework in terms of providing evidence of the outcomes
they can achieve. All young people are placed using an Individual
Placement Agreement (IPA), as a local authority which supports relational
practice in our local children’s homes, IPA reflect the expectations we
have of the purchased provision to operate similarly.

Looked After Reviews take place as part of the local authorities duties
and as part of these there is an independent oversight of the care plan
and impact on the young person. Our Children’s Rights team in conjunction
with allocated social workers and others ensure that young people are
supported to express their views on the provided placement and the safe
care provided. This is an additional strand where any concerns linked to
physical restraint can be addressed.

Does this means that restrains, seclusion, isolation and injuries are
accepted if carried out by paid service providers out with Aberdeen

There is no acceptance of child care practice which directly physically or
emotionally harms or retraumatises children. It is understood that
behavioural management tools are utilised by a wide range of purchased
provision where looked after young people are placed. Staff executing a
behavioural management response which involves physical contact with a
young person MUST be trained, supported, supervised and debriefed should
physical restraint be part of this approach. Any use of physical restraint
is subject to incident reporting and monitoring by the provider and their
regulatory body.

In addition regulation by Care Inspectorate and other bodies ensure that
all incidents involving physical restraint are reported to Care
Inspectorate/equivalent regulatory body. Further to this, incident reports
are shared with allocated Social Worker and their Managers. Should these
highlight harms as a direct consequence of physical restraint they are
highlighted to the External Manager who has oversight of safeguarding
practice in relation to looked after children in residential care.

We accept that ACC failed to provide a robust response, which is now
provided through this review. Please accept our sincere apologies for
failing to do so earlier.

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 Tomina Egbuson | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College |Business Hub 17,  3^rd Floor | 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
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/