Section 55 of the Immigration act guidance..

The request was successful.

Dear UK Border Agency,

In this Freedom of Information Request, I refer to the following:
------------------------
Borders, Citizenship and Immigration Act 2009

Section 55 - Duty regarding the welfare of children

(1)The Secretary of State must make arrangements for ensuring that—

(a)the functions mentioned in subsection (2) are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom, and

(b)any services provided by another person pursuant to arrangements which are made by the Secretary of State and relate to the discharge of a function mentioned in subsection (2) are provided having regard to that need.

(2)The functions referred to in subsection (1) are—

(a)any function of the Secretary of State in relation to immigration, asylum or nationality;

(b)any function conferred by or by virtue of the Immigration Acts on an immigration officer;

(c)any general customs function of the Secretary of State;

(d)any customs function conferred on a designated customs official.

(3)A person exercising any of those functions must, in exercising the function, have regard to any guidance given to the person by the Secretary of State for the purpose of subsection (1).

(4)The Director of Border Revenue must make arrangements for ensuring that—

(a)the Director's functions are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom, and

(b)any services provided by another person pursuant to arrangements made by the Director in the discharge of such a function are provided having regard to that need.

(5)A person exercising a function of the Director of Border Revenue must, in exercising the function, have regard to any guidance given to the person by the Secretary of State for the purpose of subsection (4).

(6)In this section—

“children†means persons who are under the age of 18;

“customs functionâ€, “designated customs official†and “general customs function†have the meanings given by Part 1.

(7)A reference in an enactment (other than this Act) to the Immigration Acts includes a reference to this section.
--------------

Thoughout section 55 of the act, there are numerous references to Guidance given by the secetary of state... etc...

can you please provide a copy of the guidance issued...

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk. If you have submitted
a general enquiry, a further message answering our most frequently asked
questions will be sent to you by our public enquiries department shortly.

Alternatively you can contact the UK Border Agency (UKBA) Immigration
Enquiry Bureau (IEB) on: Telephone: 0870 606 7766

Freedom of Information Act Policy Team
UK Border Agency

 

 

show quoted sections

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Freedom Of Information Team ( IND ), UK Border Agency

Dear Wayne Pearsall,

Thank you for your below e mail. We are dealing with your enquiry and will respond shortly.

Regards
FOI Team

show quoted sections

Wayne Pearsall

Dear Freedom Of Information Team ( IND ),

response to my FOI is now late
https://www.whatdotheyknow.com/request/s...

Yours sincerely,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk. If you have submitted
a general enquiry, a further message answering our most frequently asked
questions will be sent to you by our public enquiries department shortly.

Alternatively you can contact the UK Border Agency (UKBA) Immigration
Enquiry Bureau (IEB) on: Telephone: 0870 606 7766

Freedom of Information Act Policy Team
UK Border Agency

 

 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear UK Border Agency,

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

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Section 55 of the Immigration act guidance..'.

You have failed to act in accordance with the FOIA2000. I have been waiting for longer than the Statutory 20 working days for the requested information.

I draw attention to the fact that my request for an internal review DOES NOT remove your need to respond to the initial request. ~As I directed you to the ICO's very clear explaination of time limits previously, https://www.whatdotheyknow.com/request/t...

I should of received a response by the 3rd May 13. This has not happened...

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

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk. If you have submitted
a general enquiry, a further message answering our most frequently asked
questions will be sent to you by our public enquiries department shortly.

Alternatively you can contact the UK Border Agency (UKBA) Immigration
Enquiry Bureau (IEB) on: Telephone: 0870 606 7766

Freedom of Information Act Policy Team
UK Border Agency

 

 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Requests, UK Border Agency

Mr Pearsall

Thank you for contacting the Home Office. In regards to your email of 14th May 2013, we will be treating your request as a Time Complaint. Under the laws of the Freedom of Information Act 2000, the Home Office has until 12th June 2013 to respond to your request.

The Time Complaint will be carried out by R.Patel. Please feel free to contact us if you do not hear from us after the deadline date.

Stephen Adams
FOI TEAM
Information Services Centre
2 Marsham Street
London
SW1P 4DF

E - [email address]

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Information Access, UK Border Agency

1 Attachment

Dear Mr Pearsall,

 

Please find attached response for your internal review time complain.

 

Regards

R Patel

 

 

 

show quoted sections

 

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Communications via the GSi may be automatically logged, monitored and/or
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Dear Information Access,

RE: 27089

Im STILL awaiting a response to my original request. Almost two months to respond... And you make it clear that you have failed your duty for a prompt response.

Do you have any indication as to when my response will be coming?

Yours sincerely,

Wayne Pearsall

Gallagher Mike (Ops Policy), UK Border Agency

1 Attachment

 

 

 

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Wayne Pearsall left an annotation ()

Request 27089: https://www.whatdotheyknow.com/request/s...

Request 27044: https://www.whatdotheyknow.com/request/u...

Request 27272: https://www.whatdotheyknow.com/request/u...

I will proceed with the internal review request upon Request for all three requests upon request 27089, as they are all linked, and for simplicity.

Dear UK Border Agency / Home Office,

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

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Section 55 of the Immigration act guidance..'.

Request 27089: https://www.whatdotheyknow.com/request/s...

Request 27044: https://www.whatdotheyknow.com/request/u...

Request 27272: https://www.whatdotheyknow.com/request/u...

I will proceed with the internal review request upon Request for all three requests upon request 27089, as they are

all linked, and for simplicity.

----

On Request 27089, I requested the following:

---------
In this Freedom of Information Request, I refer to the following:
------------------------
Borders, Citizenship and Immigration Act 2009

Section 55 - Duty regarding the welfare of children

(1)The Secretary of State must make arrangements for ensuring
that—

(a)the functions mentioned in subsection (2) are discharged having
regard to the need to safeguard and promote the welfare of children
who are in the United Kingdom, and

(b)any services provided by another person pursuant to arrangements
which are made by the Secretary of State and relate to the
discharge of a function mentioned in subsection (2) are provided
having regard to that need.

(2)The functions referred to in subsection (1) are—

(a)any function of the Secretary of State in relation to
immigration, asylum or nationality;

(b)any function conferred by or by virtue of the Immigration Acts
on an immigration officer;

(c)any general customs function of the Secretary of State;

(d)any customs function conferred on a designated customs official.

(3)A person exercising any of those functions must, in exercising
the function, have regard to any guidance given to the person by
the Secretary of State for the purpose of subsection (1).

(4)The Director of Border Revenue must make arrangements for
ensuring that—

(a)the Director's functions are discharged having regard to the
need to safeguard and promote the welfare of children who are in
the United Kingdom, and

(b)any services provided by another person pursuant to arrangements
made by the Director in the discharge of such a function are
provided having regard to that need.

(5)A person exercising a function of the Director of Border Revenue
must, in exercising the function, have regard to any guidance given
to the person by the Secretary of State for the purpose of
subsection (4).

(6)In this section—

“children†means persons who are under the age of 18;

“customs functionâ€, “designated customs official†and
“general customs function†have the meanings given by Part 1.

(7)A reference in an enactment (other than this Act) to the
Immigration Acts includes a reference to this section.
--------------

Thoughout section 55 of the act, there are numerous references to
Guidance given by the secetary of state... etc...

can you please provide a copy of the guidance issued...

---------

On Request 27044, the following:

---------
Considering that the UK and UKBA have its own interpretations of
clear laws...

"The United Nations Convention on the rights of the child" is
separated into 54 articles covering different areas of childhood,
rights and freedoms when it comes to children.

I request for a copy of all guidance that has been issued to UKBA
staff which relates to how to handle applications which relate to,
and have a bearing on a child. Obviously, the UN Convention is
international law, so should be considered by ALL bodies / courts
ETC.

I draw particular attention to the fact that the convention
highlights a childs right to be cared for by BOTH of its parents.

---------

and upon request 27272, the following:

---------
I previously made a FOI request to yourselves requesting your
guidance and policies on UKBA splitting familes.

so, following on from 2010: ConDems will end child detention:
http://www.communitycare.co.uk/articles/...

We now have in 2013: ConDems Split up over 200 children from their
families...
http://www.communitycare.co.uk/articles/...

parents.htm

Surely this means that UKBA do indeed have a policy which relates
to the welfare of children, and the potential scope of when a child
and their parent can be split up from each other?

I request for a copy of all guidance, all training material, and
all policy relating to when it is seen as suitable for a parent and
their child to be split apart in the manner described on the second
article.

---------

As you have linked your response to ALL THREE requests, I am happy to continue this request as a single request. - and therefore, lets get the ball rolling on the obvious Internal Review for withheld information, which the Home Office clearly hold.

So some history on the requests...

27272 was late (Time complaint CR27272).
Response to 27089 was last (review file: 27089 Wayne Pearsall 2013 05 22.pdf - 22nd may)
Response to 27044 - was late: UKBA refused to conduct an internal review, despite it being requested on 3rd of may,

and additional times...
I note the response on the 3rd may as - you clearly recieved the internal review request.
----
Dear Wayne Pearsall,
Please accept our apologies for the delay in responding. We are dealing with your request and will respond as soon

as possible.
Kind Regards
FOI Team
Home Office
---

Next,
I provided three seperate correspondance addresses for this information. Yet UKBA / Home Office decided to only

release the information to ONE Address... (does this comply with law?)

Lets begin with the first request, 27089...

2.11 of the information states:
----
They are
accountable to their line managers for this,
with ultimate accountability for the Agency’s
contribution lying with the Chief Executive.
----

As Rob Whiteman is no longer the Chief Exec, (and for that matter neither is anybody else)... Who does the ultimate accountability now lie with? This must be documented somewhere - and therefore is information held in regards to principles into childrens guidance...

----
2.12. There must be clear arrangements whereby
staff who become aware of instances where
the duty is not being taken properly into
account are able to report their concerns.
----

What are the clear arrangements by which staff members report the instances where duty is not being taken properly into account.

----
2.14. The UK Border Agency must ensure that
members of staff are appropriately trained
with regard to their duty to safeguard and
promote the welfare of children.
----

I requested a copy of the training materials within my third request - 27272. None has been provided?

You state in your response... "one request for a copy of guidance relating to applications from a child,"

However my request was:
---
I request for a copy of all guidance that has been issued to UKBA
staff which relates to how to handle applications ****which relate to,
and ....have a bearing.... on a child***. Obviously, the UN Convention is
international law, so should be considered by ALL bodies / courts
ETC.
---

This does not state applications from a child, simply applications which relate to a child. IE: an application of a mother, who has a british child, relates to and has a very strong bearing on that child...

As at no point in the reply did you provide me with information - and simply directed me to a source of information, you have clearly failed under your obligations to point out that you are withholding the information under a relevant section of the act.

----
Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.
----

Legally, although I am aware of the ICO contact details, you must also provide these to myself.

So, the main issue within the response:

"can you please provide a copy of the guidance issued..."
has directed me to the file: http://www.ukba.homeoffice.gov.uk/siteco...

hOWever, surely with section 55 holding such a bearing, there must be additional guidance. For instance, what about when children are held in detention centres. This in itself would fall within the remit of my request... and non of this guidance has been provided...

----
Request 27044;
Applications from a child can be made in a wide range of categories. The main ones are visitor, student, and accompanying a parent in the UK. The guidance for dealing with all such applications is also available on the Home Office website. The following link can be used to access these items http://www.ukba.homeoffice.gov.uk/policy...

Please note that this guidance is organized primarily according to category of application and the specific references to children are contained within those sections. Your attention is also drawn to the guidance section headed “Family Members” which has five separate pieces of guidance dealing with applications involving children. It can be accessed using the following link http://www.ukba.homeoffice.gov.uk/siteco...
----

Has came no where near my actual request... My request is for any application from anybody, where that application has a bearing on a child.

I also note, that whilst you have provided reference to the IDI's, where I do agree there is LIMITED guidance available in relation to children... you have additional guidance available within the UKBA / Home Office which is not listed at these URL's.

------
Request 27272;
Finally, you have asked for a copy of guidance relating to the splitting of families. Separating families is a very serious act and will normally only take place for deportation and detention purposes when there are good reasons for detaining an adult member of a family. This guidance is also published on the Home Office website and can be accessed using the following link http://www.ukba.homeoffice.gov.uk/siteco...
-----

My actual request was " I request for a copy of all guidance, all training material, and all policy relating to when it is seen as suitable for a parent and
their child to be split apart in the manner described on the second article."

As you direct myself to a "criminal casework" file. Do you seriously expect myself to believe that all 200+ of the families seperated as mentioned in the article (linked above) were from criminal backgrounds. Please provide myself with the recorded information which you surely store which I actually requested.

As I am aware UKBA detain individuals who have no criminal history, I would expect that you have policies stored on such.

And to be clear, once again... This is a request for internal review of ALL THREE REQUESTS - as my requests were clearly not responded to in a proper manner at all.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/se...
along with the above links to the other references.

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Requests, UK Border Agency

Dear Mr Pearsall,

 

Ref: 27089

 

Thank you for your email of 10/06/13 in which you ask for an internal
review of our response to your Freedom of Information request of 08/04/13.

 

We will aim to send a full response by 08/07/13 which is twenty working
days from the date when we received your Internal Review request.

 

The Internal Review will be carried out by M.Riddle. If you have any
questions then please do not hesitate to contact FOI Requests using the
above e-mail address.

 

Yours sincerely

 

FOI Requests

Home Office

2, Marsham Street

London

SW1P 4DF

 

 

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Dear "Home Office",

Please accept this notification as clarification of two points.

1) My last email (and request for Internal Review) was on the 9th of June, and not 10th June as stated on your previous response.

2) Should the internal review process take longer than 20 working days (as many of my previous requests have) I shall be forwarding my complaint directly to the ICO as having exhausted your internal complaint's proceedure. (As it is outlined in the ICO Guidelines, The internal complaints procedure should not discriminatively allow for a body to cause disruption to an individual's access to public information - which it is clear from your correspondance that this is the case).

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear Freedom Of Information Team ( IND ),

REF: 27089..

Further to my Internal Review request...

Under Section 31(9) of the Children Act 1989, as amended by the Adoption and Children Act 2002: ‘Harm’ means ill treatment or the impairment of
health or development, including for example impairment suffered from seeing or hearing the ill treatment of another; ‘Development’ means
physical, intellectual, emotional, social or behavioural development; ‘Health’ means physical or mental health; and ‘Ill treatment’ includes
sexual abuse and forms of ill treatment that are not physical.

----

(1)The Secretary of State must make arrangements for ensuring
that:

(a)the functions mentioned in subsection (2) are discharged having
regard to the need to safeguard and promote the welfare of children
who are in the United Kingdom, and

(b)any services provided by another person pursuant to arrangements
which are made by the Secretary of State and relate to the
discharge of a function mentioned in subsection (2) are provided
having regard to that need.
----

So, as outlined in Sec 55 as one of Mrs May's key responsibilities... what arrangements has she made to ensure that a child's emotional welfare is protected?

Yours sincerely,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Requests, UK Border Agency

Dear Mr Pearsall,

 

Ref: 27044

 

Thank you for your email of 10/06/13 in which you ask for an internal
review of our response to your Freedom of Information request of 04/04/13.

 

We will aim to send a full response by 08/07/13 which is twenty working
days from the date when we received your Internal Review request.

 

The Internal Review will be carried out by M.Riddle. If you have any
questions then please do not hesitate to contact FOI Requests using the
above e-mail address.

 

Yours sincerely

 

FOI Requests

Home Office

2, Marsham Street

London

SW1P 4DF

 

 

 

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Communications via the GSi may be automatically logged, monitored and/or
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FOI Requests, UK Border Agency

Dear Mr Pearsall,

 

Ref: 27272

 

Thank you for your email of 10/06/13 in which you ask for an internal
review of our response to your Freedom of Information request of 04/04/13.

 

We will aim to send a full response by 08/07/13 which is twenty working
days from the date when we received your Internal Review request.

 

The Internal Review will be carried out by M.Riddle. If you have any
questions then please do not hesitate to contact FOI Requests using the
above e-mail address.

 

Yours sincerely

 

FOI Requests

Home Office

2, Marsham Street

London

SW1P 4DF

 

 

 

 

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Communications via the GSi may be automatically logged, monitored and/or
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Dear UK Border Agency,

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

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Section 55 of the Immigration act guidance..'.

Ref: 27089, 27272, 27044

As again, I have received a message stating that my previous email requesting internal review was sent on the 10th July,

I again point out (as detailed on the Independant website WhatDoTheyKnow.com) the message was sent on the 9th June. Your automated response came on the 9th June confirming reciept by the home office.

Should confirmation of dates be required, as already sent in my message externally to the WDTK website last night, WDTK store very detailed mail logs in addition to the information displayed for the public.

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

In addition to the information that the ICO and yourselves store off of the website.

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear Freedom Of Information Team ( IND ),

Ref: 27089, 27272, 27044

http://webarchive.nationalarchives.gov.u...

Framework for the Assessment of
Children in Need and their Families
Department of Health
Department for Education and Employment
Home Office

< wouldn't you say that this information would actually constitute information within my request RE: Sec 55...?

I'm sure the Home Office store this information also?

Yours sincerely,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Wayne Pearsall left an annotation ()

Quite amazing that of all my FOI requests to local councils the one thing that crops up is:

"Removing a child from a birth parent, only happens as stated when a child
is at risk of harm or has suffered harm, generally in such circumstances
home life is not stable, hence removing a child from an unstable
environment to one that is stable has a positive impact upon a child’s
emotional wellbeing.

The decision to remove a child from a parent is not taken lightly, and if
a parent does not agree with a child being placed outside of her/his
family, then the child cannot be placed without an order from a court. At
this stage other professionals are involved in the decisions for a child
to be removed, and a court has to be convinced the threshold for removing
a child from his/her parents is met legally. In this scenario, parents and
child are legally represented, and a court guardian is put in place to act
independently for the child, it is ultimately the judge in a court who
agrees to whether a child should be removed or not, based on evidence
from the Local authority, parents’ solicitors, and the child’s guardian."

FOI Responses, UK Border Agency

Dear Mr Pearsall

 

Thank you for your e-mail dated 9 June 2013, in which you ask for an
internal review of our response to your Freedom of Information request of
FOI cases 27044, 27089, 27272. 

 

I am currently undertaking the internal review of these cases and aiming
to send you a full response by 5 July 2013, which I confirm is twenty
working days from the date when we received your request.

 

I have noted that your internal review request of 9 June 2013 contained a
fresh request for information. As the question is a new request for
information based on the information you received and not part of the
original request, we will not be answering this question within the
internal review.  Instead this request has been assigned a new FOI case
number, reference 27891 . We will aim to send you a full response by 5
July 2013, which is twenty working days from the date when we received
your request.

 

The question referred to the document at this link 
[1]http://www.ukba.homeoffice.gov.uk/siteco...
and asked for the following information:

 

----
2.12. There must be clear arrangements whereby
staff who become aware of instances where
the duty is not being taken properly into
account are able to report their concerns.
----

What are the clear arrangements by which staff members report the
instances where duty is not being taken properly into account.

----

 

In addition, in your follow up correspondence of 11 June 2013, you also
submitted a fresh request for information, which will also be handled as a
new request and will not be covered in the internal review of cases 27044,
27089 and 27272.  The request detailed below, will be assigned case
reference 27892 and we will aim to send you a full response by 9 July
2013, which is twenty working days from the date when we received your
request.

 

 

 

Dear Freedom Of Information Team ( IND ),

REF: 27089..

Further to my Internal Review request...

Under Section 31(9) of the Children Act 1989, as amended by the Adoption
and Children Act 2002: ‘Harm’ means ill treatment or the impairment of
health or development, including for example impairment suffered from
seeing or hearing the ill treatment of another; Development’
meansphysical, intellectual, emotional, social or behavioural development;
‘Health’ means physical or mental health; and ‘Ill treatment’ includes
sexual abuse and forms of ill treatment that are not physical.

----

(1)The Secretary of State must make arrangements for ensuringthat:

(a)the functions mentioned in subsection (2) are discharged having regard
to the need to safeguard and promote the welfare of children who are in
the United Kingdom, and

(b)any services provided by another person pursuant to arrangements which
are made by the Secretary of State and relate to the discharge of a
function mentioned in subsection (2) are provided having regard to that
need.
----

So, as outlined in Sec 55 as one of Mrs May's key responsibilities... what
arrangements has she made to ensure that a child's emotional welfare is
protected?

 

 

 

Yours Sincerely

 

M Riddle | Information Access Team
Information Management Service | Financial and Commercial Group
Ground Floor | Seacole Building | Home Office | 2 Marsham Street | London
SW1P 4DF
Switchboard Number: 0207 035 4848

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.ukba.homeoffice.gov.uk/siteco...

Dear UK Border Agency,

27089 27891 27892

Martin, are you certain that these two queries do not fall within the remit of any of the three queries which you have joined into one request for information?

Surely the training material/policy requested will supply the guidance in relation to a childs emotional wellbeing and welfare as to when its possible to seperate parents.

----
1.4. Safeguarding and promoting the welfare of
children is defined in the guidance to section
11 of the 2004 Act (section 28 in Wales) and
in Working Together to Safeguard Children4 as:
protecting children from maltreatment;
preventing impairment of children’s
health or development (where health
means ‘physical or mental health’ and
development means ‘physical, intellectual,
emotional, social or behavioural
development’);
----

Also, At this point, I would prefer you only to reply to this email address (request 27089) For any of the requests on this topic.

Also, since your well aware of the number of requests etc that i've filed, and the topics of my requests the fact you have recorded my requests and replied to it, it clearly displays that you do not consider these requests to be vexatious. So I await your response :)

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Banerjee Gargi (IMS), UK Border Agency

1 Attachment

Dear Mr Pearsall,

 

Please find attached the Home Office response to your Freedom of
Information, case 27891.

 

 

Yours sincerely,

 

 

G. Banerjee

Information Access Team

 

Information Management Service (IMS)

Finance and Corporate Services Group 

Ground Floor, Seacole Building

Home Office,  2 Marsham Street

London SW1P  4DF

Telephone 0207 035 4848

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Banerjee Gargi (IMS), UK Border Agency

1 Attachment

Dear Mr Pearsall,

 

Please find attached the Home Office response to your Freedom of
Information, case 27891.

 

 

Yours sincerely,

 

 

G. Banerjee

Information Access Team

 

Information Management Service (IMS)

Finance and Corporate Services Group 

Ground Floor, Seacole Building

Home Office,  2 Marsham Street

London SW1P  4DF

Telephone 0207 035 4848

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Banerjee Gargi (IMS), UK Border Agency

1 Attachment

Dear Mr Pearsall,

 

Please find attached the Home Office response to your Freedom of
Information, case 27892.

 

 

Yours sincerely,

 

 

G. Banerjee

Information Access Team

 

Information Management Service (IMS)

Finance and Corporate Services Group 

Ground Floor, Seacole Building

Home Office,  2 Marsham Street

London SW1P  4DF

Telephone 0207 035 4848

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Banerjee Gargi (IMS), UK Border Agency

1 Attachment

Dear Mr Pearsall,

 

Please find attached the Home Office response to your Freedom of
Information, case 27892.

 

 

Yours sincerely,

 

 

G. Banerjee

Information Access Team

 

Information Management Service (IMS)

Finance and Corporate Services Group 

Ground Floor, Seacole Building

Home Office,  2 Marsham Street

London SW1P  4DF

Telephone 0207 035 4848

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Wayne Pearsall left an annotation ()

http://webarchive.nationalarchives.gov.u...

< ... Yet more useful information also....

Dear UK Border Agency,

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

27089 27891 27892

Im still awaiting the full internal review to my FOI request, it has exceeded 20 working days, and still no response. I am aware that the ICO guidelines expect an IR to be completed within 20 working days...

so come on... wheres the response...

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

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Requests, UK Border Agency

1 Attachment

Mr Pearsall,

 

Please see attached regarding your Internal Review requests.

 

FOI TEAM

Information Services Centre

2 Marsham Street

London

SW1P 4DF

 

E - [1][email address]

 

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. mailto:[email address]

Dear FOI Requests,

FAO Steven...

I'm not sure if you read my message of the 25th...

I am stil awiting the internal review of 27089 (which represents three requests that the Home Office combined into a single response...)

You fail to mention this...

Please highlight when I can expect a response.

Also, please can you highlight the reference numbers for my two recent requests... I have previously asked you for these reference numbers, to which you have ignored...

Yours sincerely,

Wayne Pearsall

FOI Requests, UK Border Agency

Thank you for contacting the FOI Requests mailbox.

Your message has been logged and will be dealt with shortly.

We aim to provide a response to all FOI requests within 20 working days.

If your message is with regard to an existing FOI case or is a general
query please ensure you have left any file references and contact details.

 

Thank you.

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear FOI Requests,

Let's get things sped up, as highlighted in a previous request, considering you have refused twennty IR's of mine, you have a significiant amount of free time to actually complete (fully) the internal reviews which are now over the 20 working days, that the ICO guidance states an internal review should be conducted in.

I note: Prompt means no longer than 20 working days, and in NO CIRCUMSTANCES do the ICO feel that an IR should take longer than 40 working days...

I trust you've received my SAR request also?

Yours sincerely,

Wayne Pearsall

FOI Requests, UK Border Agency

Thank you for contacting the FOI Requests mailbox.

Your message has been logged and will be dealt with shortly.

We aim to provide a response to all FOI requests within 20 working days.

If your message is with regard to an existing FOI case or is a general
query please ensure you have left any file references and contact details.

 

Thank you.

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear UK Border Agency,

Ref: 27089, 27272, 27044

It is clear that Our Andy Woodgate is not conducting any work on the requested Internal Review of this case...

When is the response going to be delivered.

I am aware that the home office have had a number of letters from the ICO in relation to the various complaints I have raised with them... I am still awaiting my responses...

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Responses, UK Border Agency

1 Attachment

 

Wayne,

 

Please find attached a response to your internal review request for case
ref: 27891.

 

Regards

 

J Hussain

Information Access Team

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Responses, UK Border Agency

1 Attachment

Wayne,

 

Please find attached a response to your internal review request for case
ref: 27892.

 

Regards

 

J Hussain

Information Access Team

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear UK Border Agency,

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

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Section 55 of the Immigration act guidance..'.

27089, 27272, 27044

Im still waiting for this Internal Review...

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

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear UK Border Agency,

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

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Section 55 of the Immigration act guidance..'.
27089, 27272, 27044

I am still awaiting the response to my IR. It has far exceeded ICO guidelines.

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

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Responses, UK Border Agency

1 Attachment

Dear Mr Pearsall

Please find attached the Home Office response to your combined internal
review request of FOI cases 27044, 27089 and 27272.  Please accept my
apologies for the length of time it has taken to complete the internal
review.

 

Yours Sincerely

 

M Riddle | Information Access Team
Information Management Service | Financial and Commercial Group
Ground Floor | Seacole Building | Home Office | 2 Marsham Street | London
SW1P 4DF
Switchboard Number: 0207 035 4848

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Wayne Pearsall left an annotation ()

they don't feel that they need to respond to all the addresses provided? However: they MUST take note of my prefered contact method...

I also note: that they have linked myself previously to another WDTK user. They cannot therefore state that they have ensured my identity was correct - as clearly they cannot.

It's nice to know that they want to classify my request as vexatious. Unfortunately, they cannot do this. Despite their further classifications due to the "burden I place upon them" because of the volume of my requests.

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