SEND staffing in the LA

The request was partially successful.

Eleanor Bernardes

Dear North East Lincolnshire Council,

I am writing to make an open government request for all the information to which I am entitled under the Freedom of Information Act 2000.
Please send me:
1. The number of full time equivalent members of staff employed centrally by the council with responsibility for Special Educational Needs (SEN/SEND) during each of the years: 2010, 2011, 2012, 2013, 2014, 2015 in the following:
a. working with more than one LA school and based in a Local Authority office
b. working with more than one LA school and based elsewhere
c. working in one LA school for that school
2. The numbers of full time equivalent members of staff who are dyslexia and literacy specialists employed by the council in each of the following years: 2010, 2011, 2012, 2013, 2014, 2015 in the following:
a. working with more than one LA school and based in a Local Authority office
b. working with more than one LA school and based elsewhere
c. working in one LA school for that school
3. The amount of hours contracted to external specialists (for example but not limited to consultants/educational psychologists etc) employed by the council in each of the following years: 2010, 2011, 2012, 2013, 2014, 2015
4. The job specification for the person responsible for:
a. Managing SEN/D provision for the LA
b. Compiling the Local Offer for the LA
5. The qualifications held by the person responsible for the following role in each of the following years: 2010, 2011, 2012, 2013, 2014, 2015:
a. Managing SEN/D provision for the LA
b. Compiling the Local Offer for the LA

I would like the above information to be provided to me electronically.
If this request is too wide or unclear, I would be grateful if you could contact me as I understand that under the Act, you are required to advise and assist requesters. If any of this information is already in the public domain, please can you direct me to it, with page references and URLs if necessary.
If the release of any of this information is prohibited on the grounds of breach of confidence, I ask that you supply me with copies of the confidentiality agreement and remind you that information should not be treated as confidential if such an agreement has not been signed.
I understand that you are required to respond to my request within the 20 working days after you receive this letter. I would be grateful if you could confirm in writing that you have received this request.
I look forward to hearing from you.
Yours faithfully
Eleanor Bernardes

PPD - FOI, North East Lincolnshire Council

Dear Ms Bernardes

I am pleased to acknowledge your request for information, which has been allocated the reference number NEL/0274/1516.

Your request has been passed to the relevant department for processing and you can expect your response within the 20 working day limit. If it will take us longer than 20 working days to respond to you, we will inform you of this and provide you with the expected date for receiving a response.

Further information about how we will deal with your Freedom of Information requests is available on our website at: http://www.nelincs.gov.uk/council/the-co....

Please feel free to contact me if you require any further information or assistance quoting the reference number above.

Yours sincerely on behalf of North East Lincolnshire Council

Feedback Officer
Resources Directorate

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PPD - FOI, North East Lincolnshire Council

1 Attachment

Dear Ms Bernardes

 

Thank you for your information request, reference number 0274_1516.

 

I wish to confirm that North East Lincolnshire Council holds the following
information.

 

1.    For 2012-2015 the numbers are as follows (data for earlier years is
not available).

 

a.    30

b.    0

c.    0

 

2.    For 2012-2015 the numbers are as follows (data for earlier years is
not available)

 

a.    9

b.    0

c.    0

 

3.    The amount of hours contracted to external specialists (for example
but not limited to consultants/educational psychologists etc) employed by
the council in each of the following years: 2010, 2011, 2012, 2013, 2014,
2015

 

The term used, ‘external specialists’ does not allow us to quantify any
meaningful figure. Using such a broad term would exceed the appropriate
limit of £450 (18 hours). Under section 12 of the Freedom of Information
Act 2000, a public authority is not obliged to comply with a request where
the estimated cost of doing so would exceed the appropriate limit.

 

4.    The job specification for the person responsible for:

a.         Managing SEN/D provision for the LA

b.         Compiling the Local Offer for the LA

 

5.    The qualifications held by the person responsible for the following
role in each of the following years: 2010, 2011, 2012, 2013, 2014, 2015:

a.         Managing SEN/D provision for the LA

b.         Compiling the Local Offer for the LA

 

With regard to question 4 and 5 above, please see the attached job
description for the position of Head of SEN and Inclusion. Please note
this job description is for the post as recruited to in September 2010.
This role remained the same until February 2012, when the role and duties
were transferred to SERCO. The role is now delivered by SERCO on behalf of
North East Lincolnshire Council and therefore no job descriptions are held
by the Council beyond that date.

 

I can confirm that the post holder recruited in 2012 met the essential
criteria of the job description with regard to qualifications. Under
section 1 of the Act I can confirm that North East Lincolnshire Council
holds the information you have requested.

 

As this information is about a living individual we are unable to provide
further details to you. Section 40 (2) of the Freedom of Act 2000 provides
an exemption to the disclosure of information which is personal data of a
third party.

 

‘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.’

 

The Data Protection Act 1998 defines personal information as 'data which
relates to a living individual who can be identified a) from those data,
or b) from that data and other information which is in the possession of,
or is likely to come into the possession of, the data controller'.

 

The information you have requested would therefore be exempt from
disclosure if either of the conditions set out in sections 40 (3) or 40
(4) of the Freedom of Information Act 2000 are met. The relevant condition
in this case is at section 40 (3) (a) (i), where disclosure would breach
any of the Data Protection Principles. The Data Protection Principles are
set out in schedule 1 of the Data Protection Act 1998.

 

I have considered the eight Data Protection Principles and conclude that
disclosure of the third party’s personal information would breach the
first Data Protection Principle, which states that 'Personal data shall be
processed fairly and lawfully’. In concluding that disclosure of the
requested information would contravene the first Data Protection
Principle, I have taken the following factors into account:

 

1. The purpose(s) for which North East Lincolnshire Council obtained and
holds the information requested.

2. The third parties reasonable and legitimate expectations of what should
happen to their personal information.

 

Having considered the information involved and the purposes for which it
was obtained, I am satisfied that it is exempt from disclosure under
section 40 (2) of the Freedom of Information Act 2000 by virtue of section
40 (3) (a) (i). As this is an absolute exemption there is no statutory
requirement to consider the 'Public Interest Test'. The council's decision
is, therefore, to not provide the information you have requested.

 

As I have determined that disclosure of the information would be unfair to
the third party, I have not considered whether any of the other Data
Protection Principles would be breached by the disclosure of the
information requested.

 

If you believe that your request for information has not been handled in
accordance with the Freedom of Information Act, you have the right to
request an internal review by the Council. Please be clear about which
elements of the Council’s response or handling of the request you are
unhappy with, and would like the Council to address during the internal
review process.  If following this you are still dissatisfied you may
contact the Office of the Information Commissioner. If you wish to request
an internal review, please contact me and I will make the necessary
arrangements.

 

Yours sincerely on behalf of North East Lincolnshire Council

 

Feedback Officer

 

Resources Directorate

 

 

 

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