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SEN and Direct Payments

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Dear Hertfordshire County Council,

Under the Freedom of Information Act 2000, could you please
provide details of:

(i) the number of direct payments for special educational needs granted under the SEN (Direct Payments) (Pilot Order) 2012.

(Ii) details of what types of provision these payments were awarded for

(iii) the number of requests refused and the reasons for the refusals (including head teache refusing consent)

(iv) copies of any block funding contracts with health service
providers for special educational needs provision

Yours faithfully,

Mrs Richards

Herts Direct,

Dear Enquirer

Your message has been received by Hertfordshire County Council
and will be dealt with as soon as possible. Our customer service
standard is to reply to you within ten working days. When we
contact you we will give you a reference number so you can track
your enquiry in case any followup is required.

Please note that if your enquiry is urgent and relates to:
• safeguarding or concerns for an adult - please call us on 0300
123 4042
• child protection or social care concerns for a child - please
call us on 0300 123 4043

Regards

HertsDirect

****Disclaimer****

The information in this message should be regarded as confidential and is
intended for the addressee only unless explicitly stated. If you have
received this message in error it must be deleted and the sender notified.
The views expressed in this message are personal and not necessarily those
of Hertfordshire County Council unless explicitly stated. Please be aware
that emails sent to or received from Hertfordshire County Council may be
intercepted and read by the council. Interception will only occur to
ensure compliance with council policies or procedures or regulatory
obligations, to prevent or deter crime, or for the purposes of essential
maintenance or support of the email system.

Herts Direct,

Dear Enquirer

Your message has been received by Hertfordshire County Council
and will be dealt with as soon as possible. Our customer service
standard is to reply to you within ten working days. When we
contact you we will give you a reference number so you can track
your enquiry in case any followup is required.

Please note that if your enquiry is urgent and relates to:
• safeguarding or concerns for an adult - please call us on 0300
123 4042
• child protection or social care concerns for a child - please
call us on 0300 123 4043

Regards

HertsDirect

****Disclaimer****

The information in this message should be regarded as confidential and is
intended for the addressee only unless explicitly stated. If you have
received this message in error it must be deleted and the sender notified.
The views expressed in this message are personal and not necessarily those
of Hertfordshire County Council unless explicitly stated. Please be aware
that emails sent to or received from Hertfordshire County Council may be
intercepted and read by the council. Interception will only occur to
ensure compliance with council policies or procedures or regulatory
obligations, to prevent or deter crime, or for the purposes of essential
maintenance or support of the email system.

Herts Direct,

6 Attachments

Dear Mrs Richards,

Thank you for your email. Your message has been sent to the relevant
department and will be dealt with as soon as possible. Should you need to
make contact with us again on this matter, please quote reference number:
41873

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Zoe at HertsDirect
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show quoted sections

Information Governance, Hertfordshire County Council

Dear Mrs Richards,

 

Reference number:   FOI/CSF/07/13/5895

 

Thank you for your correspondence of the 17th July  2013 requesting the
following information:

 

Under the Freedom of Information Act 2000, could you please provide
details of:

 

(i) the number of direct payments for special educational needs granted
under the SEN (Direct Payments) (Pilot Order) 2012.

 

(Ii) details of what types of provision these payments were awarded for

 

(iii) the number of requests refused and the reasons for the refusals
(including head teacher refusing consent)

 

(iv) copies of any block funding contracts with health service providers
for special educational needs provision

 

Your request for information is being considered under the Freedom of
Information Act 2000.  We will respond to your request as quickly as
possible, and by 15th August 2013 at the latest. This replaces any
deadline previously given.

 

If you have any questions, please do not hesitate to contact me, quoting
the reference number on this email.

 

Yours sincerely,

 

Elaine Dunnicliffe

 

 

Information Access Manager

Information Governance Unit

Hertfordshire County Council

Postal Point CHN 305

County Hall,

Hertford, SG13 8DQ

Telephone: 01992 555848

Email: [email address]

show quoted sections

Herts Direct,

Dear Enquirer

Your message has been received by Hertfordshire County Council
and will be dealt with as soon as possible. Our customer service
standard is to reply to you within ten working days. When we
contact you we will give you a reference number so you can track
your enquiry in case any followup is required.

Please note that if your enquiry is urgent and relates to:
• safeguarding or concerns for an adult - please call us on 0300
123 4042
• child protection or social care concerns for a child - please
call us on 0300 123 4043

Regards

HertsDirect

****Disclaimer****

The information in this message should be regarded as confidential and is
intended for the addressee only unless explicitly stated. If you have
received this message in error it must be deleted and the sender notified.
The views expressed in this message are personal and not necessarily those
of Hertfordshire County Council unless explicitly stated. Please be aware
that emails sent to or received from Hertfordshire County Council may be
intercepted and read by the council. Interception will only occur to
ensure compliance with council policies or procedures or regulatory
obligations, to prevent or deter crime, or for the purposes of essential
maintenance or support of the email system.

Information Governance, Hertfordshire County Council

Dear Mrs Richards,

                       

Reference number: FOI/CSF/07/13/5895

                                        

On 18th July  2013 we received the following request for information from
you:

 

Under the Freedom of Information Act 2000, could you please

provide details of:

 

(i) the number of direct payments for special educational needs granted
under the SEN (Direct Payments) (Pilot Order) 2012.

 

(Ii) details of what types of provision these payments were awarded for

 

(iii) the number of requests refused and the reasons for the refusals
(including head teache refusing consent)

 

(iv) copies of any block funding contracts with health service providers
for special educational needs provision

 

Your request for information has been considered under the Freedom of
Information Act 2000. I can confirm that Hertfordshire County Council does
hold  some of the information you have requested, and can respond as
follows:

 

(i-iii) None.

 

(iv) I can confirm we do have funding with health service providers in
respect of Speech and Language Therapy and some Occupational Therapy
services. I am unable to provide the contracts at present as the County
Council is still considering the public interest test on whether some of
the information contained within the contracts should be withheld under
the exemption provided in Section 43(2) of the Freedom of Information Act
2000 which relates to prejudice to a commercial interest.

I apologise for this delay, I will provide a full response in respect of
the contracts as soon as possible and by 30th August 2013 at the latest.

 

If you have any questions, please do not hesitate to contact me, quoting
the reference above. To find out more about Freedom of Information, please
visit [1]www.hertsdirect.org/foi

 

If you are unhappy with the way the County Council has handled your
request for information you may request an internal review of the request.
This will be carried out by a member of the County Council Legal Services
Team, who has had no prior involvement with the request. Requests for an
internal review should be sent to the Information Governance Unit at the
address above.

 

If you are unhappy with the outcome of the internal review you are
entitled to ask the Information Commissioner to investigate your
complaint. You should write to: FOI/EIR Complaints Resolution, Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

 

Yours sincerely

 

Elaine Dunnicliffe

 

 

Information Access Manager

Information Governance Unit

Hertfordshire County Council

Postal Point CHN 305

County Hall,

Hertford, SG13 8DQ

Telephone: 01992 555848

Email: [email address]

show quoted sections

Information Governance, Hertfordshire County Council

4 Attachments

Dear Mrs Richards,

                       

Reference number: FOI/CSF/07/13/5895

                                        

On 18th July  2013 we received the following request for information from
you:

 

Under the Freedom of Information Act 2000, could you please

provide details of:

 

(i) the number of direct payments for special educational needs granted
under the SEN (Direct Payments) (Pilot Order) 2012.

 

(Ii) details of what types of provision these payments were awarded for

 

(iii) the number of requests refused and the reasons for the refusals
(including head teache refusing consent)

 

(iv) copies of any block funding contracts with health service providers
for special educational needs provision

 

Your request for information has been considered under the Freedom of
Information Act 2000. I can confirm that Hertfordshire County Council does
hold  some of the information you have requested, and can respond as
follows:

 

On 14th August we provided a partial response to your request:

(i-iii) None.

 

We are now able to complete the request in respect of Q.iv

 

Please see attached documents, please note some redactions have been made
to the content of these documents.

 

Text redacted in black is the personal data of third parties, after
consideration the County Council has decided that this information should
be withheld under the exemption contained in Section 40(2) of the Freedom
of Information Act 2000, relating to third party personal data.  The
disclosure of this information would contravene the first Data Protection
principle as none of the individuals have provided their consent for the
information to be disclosed.

 

Text redacted in blue relates to the commercial interest of the
contracting parties, however, following careful consideration we are
withholding this information as the Council considers that this falls
within the exemption contained in section 43(2) of the Freedom of
Information Act 2000 which relates to Commercial Interests.  As this
exemption is a qualified exemption, in reaching its decision, the Council
has balanced the public interest test in withholding the information
against the public interest in disclosure.

 

The factors we have considered which are in favour of disclosure are:

 

·  There is a public interest in allowing scrutiny of how public money is
spent and ensuring value for money when purchasing goods and services.

·  Facilitate the accountability and transparency of public authorities
for decisions taken by them including the procurement process;

·  Allow individuals to understand decisions made by public authorities
affecting their lives and, in some cases, assist individuals in
challenging those decisions;

 

The factors we have considered which are against disclosure are:

 

·         The information is commercial in nature

·         The information is not in the public domain

·         The disclosure of the requested information would potentially
cause detriment to the commercial interests of the service provider.

·         The public interest in ensuring that there is competition for
County Council contracts.

·         The public interest in ensuring that any future bargaining
position during contractual negotiations which the County may have is
maintained which would result in effective use of public money

·         Disclosure may make it more difficult for Hertfordshire
Community  NHS Trust to be able to conduct commercial transactions.

 

Balancing test – reasons why public interest favours withholding the
information:

 

On balance, we consider that the public interest does not favour
disclosing the redacted information as it would be likely to prejudice the
commercial interests of both ourselves and the Hertfordshire Community
 NHS Trust and would negate the whole purpose of the tendering process and
inhibit our future working relationship.  Disclosure could affect the
Council's ability to obtain the best rates for such contracts in the
future and could also affect the Trust's ability to successfully tender
for any renewable contract with not only this Council but also other
organisations for which they may be in the process of tendering.

 

If you have any questions, please do not hesitate to contact me, quoting
the reference above. To find out more about Freedom of Information, please
visit [1]www.hertsdirect.org/foi

 

If you are unhappy with the way the County Council has handled your
request for information you may request an internal review of the request.
This will be carried out by a member of the County Council Legal Services
Team, who has had no prior involvement with the request. Requests for an
internal review should be sent to the Information Governance Unit at the
address above.

 

If you are unhappy with the outcome of the internal review you are
entitled to ask the Information Commissioner to investigate your
complaint. You should write to: FOI/EIR Complaints Resolution, Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

 

Yours sincerely

 

Elaine Dunnicliffe

 

 

Information Access Manager

Information Governance Unit

Hertfordshire County Council

Postal Point CHN 305

County Hall,

Hertford, SG13 8DQ

Telephone: 01992 555848

Email: [email address]

show quoted sections

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