SEN direct payments for elective home education

The request was refused by Lewisham Borough Council.

Dear Lewisham Borough Council,

I am writing with reference to this FOI from 2013 which stated that 3 parents/carers are in the process of receiving an SEN Direct Payment relating to elective home education.

https://www.whatdotheyknow.com/request/d...

Please could you provide further details of the direct payments for example whether direct payments were used for tutors, equipment, educational software, short breaks etc.

Yours faithfully,

Fiona Nicholson

Fiona Nicholson left an annotation ()

I am logging examples of SEN direct payments here http://snafu2.org.uk/ If used at all seems it's mostly for school transport.

Foi, Lewisham Borough Council

Dear Ms Nicholson
 
Re: Freedom of Information Act 2000
Environmental Information Regulations 2004
Reference No: 286741
 
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show quoted sections

Casework, CYP, Lewisham Borough Council

Dear Ms Nicholson

Re: Freedom of Information Act 2000

Reference No: 286741
Thank you for your request under the Freedom of Information Act 2000
 
I am writing with reference to this FOI from 2013 which stated that 3
parents/carers are in the process of receiving an SEN Direct Payment 
relating to elective home education.
 
[1]https://www.whatdotheyknow.com/request/d...
 
Please could you provide  further details of the direct payments for
example whether direct payments were used for tutors, equipment,
educational software, short breaks etc.
 
We apply Section 40 of the Freedom of Information Act 2000, ’Personal
information’, to your request:-
 
 
Section 40 states:
 
(1) Any information to which a request for information relates is exempt
information if it constitutes personal data of which the applicant is the
data subject.
(2) Any information to which a request for information relates is also
exempt information if-
(a) it constitutes personal data which do not fall within subsection (1),
and
(b) either the first or the second condition below is satisfied.
(3) The first condition is-
(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of "data" in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under this Act would contravene-
(i) any of the data protection principles, or
(ii) section 10 of that Act (right to prevent processing likely to cause
damage or distress), and
(b) in any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A(1) of the Data
Protection Act 1998 (which relate to manual data held by public
authorities) were disregarded.
(4) The second condition is that by virtue of any provision of Part IV of
the Data Protection Act 1998 the information is exempt from section
7(1)(c) of that Act (data subject's right of access to personal data).
(5) The duty to confirm or deny-
(a) does not arise in relation to information which is (or if it were held
by the public authority would be) exempt information by virtue of
subsection (1), and
(b) does not arise in relation to other information if or to the extent
that either-
(i) the giving to a member of the public of the confirmation or denial
that would have to be given to comply with section 1(1)(a) would (apart
from this Act) contravene any of the data protection principles or section
10 of the Data Protection Act 1998 or would do so if the exemptions in
section 33A(1) of that Act were disregarded, or
(ii) by virtue of any provision of Part IV of the Data Protection Act 1998
the information is exempt from section 7(1)(a) of that Act (data subject's
right to be informed whether personal data being processed).
(6) In determining for the purposes of this section whether anything done
before 24th October 2007 would contravene any of the data protection
principles, the exemptions in Part III of Schedule 8 to the Data
Protection Act 1998 shall be disregarded.
(7) In this section-
"the data protection principles" means the principles set out in Part I of
Schedule 1 to the Data Protection Act 1998, as read subject to Part II of
that Schedule and section 27(1) of that Act;
"data subject" has the same meaning as in section 1(1) of that Act;
"personal data" has the same meaning as in section 1(1) of that Act.
 
 
This acts as an exemption notice. We have applied this exemption as
Section 40(2). It is important to remember that when information is
released under the Freedom of Information Act 2000, it is considered
released to the wider public. Any such disclosure of personal information
would not be compliant with the provisions of the Data Protection Act
1998.
 
We confirm that the information is held.
 
This is an absolute exemption and therefore does not require the balancing
of the public interests. For further information on personal data please
refer to the following link:
[2]http://www.ico.gov.uk/upload/documents/l...
 
We hope you find this information useful.
You have a right of appeal against this response. If you wish to appeal
you must do so in writing to the Corporate Information Manager at the
following address:
 
Corporate Information Team
London Borough of Lewisham
1^st Floor Town Hall Chambers
Catford
London
SE6 4RU
 
or
[3][email address]
Yours sincerely
David Tominey
Childrens Complaints & Access to Records Manager
Quality Assurance Service
020 831 46930
[4][email address]
 
 
Kind regards
 
David Tominey
 
Complaints & Access to Records Manager
Children's Social Care
London Borough of Lewisham
3rd Floor, Laurence House
1 Catford Road, SE6 4RU
 
0208  314 6930
 
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Hi

OK

Fiona

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