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School age children with SEN

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Dear Leeds City Council,
I am submitting this freedom of information request to find out the following information regarding elective home education. When I refer to children I mean anyone under the age of 18 who have been de-registered. Please provide copies of all available documents and research.

How many children with a Special Educational Need are currently de-registered and being home-educated in Leeds?

a) What is the average age for de-registration of children with an SEN in Leeds?
b) What is the gender breakdown of children with an SEN who have de-registered?
c) How many home educated children have a diagnosis of ASC,ASD or Aspergers?
d) How many children were de-registered and home educated in the academic year 2011/2012?

Yours faithfully,
C Mawson

DPFOI, Leeds City Council

Dear Ms. Mawson

Freedom of information request Ref 20779 : School age children with SEN

Thank you for your request for the above information which we received 26, March 2018. We will respond to your request in accordance with the Freedom of Information Act 2000, or the Environmental Information Regulations 2004.

We have passed your request onto Nicola Palmer, Information Access Manager, Childrens & Families, [email address] who will arrange a response within the appropriate statutory time limit.

Please remember to quote reference number FOI 20779 in any future communications.

Yours sincerely

Malika Doust
Information Governance Support Officer
Information Governance and Managements Team (City and Communities)
Digital Information Service

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IMG.AC.FOI, Leeds City Council

1 Attachment

Dear C Mawson

 

Freedom of Information Request (Ref: 20779)

 

I refer to the above and your request dated 26, March 2018. I have
contacted the relevant services and now provide a response to the
following request regarding school age children with SEN.

 

a)      How many children with a Special Educational Need are currently
de-registered and being home-educated in Leeds?

21

b)     What is the average age for de-registration of children with an SEN
in Leeds?

10 years old

c)      What is the gender breakdown of children with an SEN who have
de-registered?

We confirm that we do hold the information requested but we are unable to
provide this as we consider this information to be exempt under section
40(2) of the Freedom of Information Act 2000 (the FOIA) together with the
condition in section 40(3)(a)(i).  This provides an absolute exemption if
disclosure of the personal data would breach any of the data protection
principles.

 

In the Information Commissioner’s view, the two main elements of personal
data are that the information must ‘relate to’ a living individual and
that person must be identifiable. Information will ‘relate to’ a person if
it is about them, linked to them, has some biographical significance for
them, is used to inform decisions affecting them, has them as its main
focus or impacts on them in any way.  It has been held by the Article 29
working party, the advisory party to the European Commission, that to
determine whether a person is identifiable, account should be taken of all
the means likely reasonably to be used either by the controller or by any
other person to identify that person.

 

It is our view that the information requested is personal data, since the
number of children is significantly low and in conjunction with other
information held in this response there is a strong case that living
individuals can be identified if the information was to be disclosed. 
Thus, the next question is whether to disclose this data would breach the
data protection principles.

 

To fulfil the first data protection principle, a disclosure of personal
data must be fair, lawful and meet one of the relevant fair processing
schedule conditions.  Since the information requested is sensitive
personal data, as it relates to the child’s special educational needs, a
fair processing condition in Schedule 2 and Schedule 3 must be met.  It is
our view that none of the conditions in Schedule 3 can be met and,
therefore, any such disclosure would be unfair. Therefore, it is the
Council’s view that to disclose the information requested would be a
breach of the first principle of the Data Protection Act.

 

d)     How many home educated children have a diagnosis of ASC,ASD or
Aspergers?

ASD – 6

ASC – <6

Asperger’s – 0

 

              Please note the following in respect of cohort(s) of 6 or
less. 

              It has been determined that the cohort(s) are sufficiently
low that we consider that to disclose these numbers could, either alone,
or when linked with other publicly available information, including other
  

              information provided in this response, identify the
individuals and families concerned. We consider that such a disclosure
would breach the first Data Protection principle of the Data Protection
Act 1998, which

              states that personal data should be processed fairly and
lawfully.  We have considered whether it would be fair to provide
information that could identify individuals. We consider that the
reasonable expectations

              of these individuals and their families would be that their
personal/sensitive information would remain private and would not be
released into the public domain.  As such, the exact numbers of
individuals when

              this figure is less than 6 is being withheld under Section
40(2) of the Freedom of Information Act.

 

e)      How many children were de-registered and home educated in the
academic year 2011/2012?

2011-12  = 176

 

I trust that this response is satisfactory. If however you are
dissatisfied with this response you have a right to appeal to an
independent officer within Resources and Housing. They will re-examine
your request and assess whether we have adhered to the requirements of the
act. Should you wish to follow this course of action please address your
concerns in writing to Moin Patel, Information, Knowledge & Procedures
Lead, Resources & Housing via email to [1][email address].

 

You also have a right under Section 50 of the Freedom of Information Act
to ask the Information Commissioner to decide whether we have met with our
obligations under the act.  The Commissioner has however made it clear
that he expects all applicants to exhaust internal appeals procedures
prior to making such an application. Should you wish to contact the
Commissioner’s office then you can write to the following address:

 

            Office of the Information Commissioner,

            Wycliffe House,

            Water Lane,

            Wilmslow,

            Cheshire,

            SK9 5AF.

 

You may also contact the Commissioner via his website at [2]www.ico.gov.uk

 

I trust that this is self-explanatory.  If you have any queries please
contact me on 0113 3784251, or by return email.

 

Yours sincerely,

 

Sam Slatcher

Information Access Officer

Information Management & Governance

Digital & Information Service

Leeds City Council

Tel: 0113 37 84251

 

[3]Strapline Final Version

 

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References

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