Sleep in Rates

Katherine Simpson made this Freedom of Information request to Kent County Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Katherine Simpson

Dear Kent County Council,

I am requesting information, as part of the Freedom of Information Act, regarding sleep in pay rates after the current ruling over Mencap v Tomlinson-Blake.

As part of your contract do you require individuals to stay on the premises during the sleep in?

Is the worker, who is carrying out the sleep in, responsible for actions that may arise during the night?

Do they have to be 'available' during their sleep in?

And do you class an employee carrying out a sleep in as a worker?

I await your response.

Yours faithfully,

Katherine Simpson

Kent County Council

Dear Ms Simpson

 

Thank you for your email below.

 

Kent County Council acknowledges your request for information under the
Freedom of Information Act 2000. Assuming KCC holds this information, we
will endeavour to supply the data to you as soon as possible but no later
than 12^th June 2017 (20 working days from date of receipt).

 

We will advise you as soon as possible if we do not hold this information
or if there are exemptions to be considered and/or any costs for providing
the information. Please quote our reference - FOI/17/0841 - in any
communication regarding this particular request.

 

Best regards

 

Carly Wattle | Information Access Officer | Information Resilience &
Transparency Team | Kent County Council | Room 2.71, Sessions House,
Maidstone, ME14 1XQ | Phone 03000 417061 | Fax 03000 420303 | 
[1]http://www.kent.gov.uk/about-the-council...
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Kent County Council

Dear Ms Simpson  

 

Quality checks have revealed that we quoted an incorrect latest complete
by date in our acknowledgement below.

 

The latest date that you can expect a response by is actually 9th June
2017.

 

Please accept my sincere apologies for any inconvenience or confusion that
this error may have caused you.

 

Kind regards

 

Caroline Dodge | Team Leader | Information Resilience & Transparency Team
| Kent County Council | Room 2.71, Sessions House, Maidstone, ME14
1XQ | Phone 03000 416033 | Fax 03000 420303 | 
[1]http://www.kent.gov.uk/about-the-council...

 

 

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Kent County Council

Dear Ms Simpson

 

Thank you for your request for information made under the Freedom of
Information Act (FOIA) 2000, relating to sleep in rates. I am pleased to
provide the response below:

 

As part of your contract do you require individuals to stay on the
premises during the sleep in? Kent County Council commission services
based on the assessed need of the individual on a least restrictive basis.
If sleep night support is required, it would be expected that the member
of care and support staff would remain on the premises to mitigate the
risk should support be required throughout the night.

 

Is the worker, who is carrying out the sleep in, responsible for actions
that may arise during the night? As stated above, the care and support
worker, if disturbed during the sleep night provision, would be
responsible to meet any actions to keep people safe and mitigate further
risk. Kent County Council pays an additional hourly rate on top of the
standard sleep night rate for these disturbed hours.

 

Do they have to be 'available' during their sleep in? Yes, as stated in
the previous response, if disturbed during the sleep night provision,
would be responsible to meet any actions to keep people safe and mitigate
further risk.

 

And do you class an employee carrying out a sleep in as a worker? Yes, the
care and support worker on shift to deliver the sleep night provision is
classed as a worker due to the expectation that should they be disturbed,
they are appropriately trained and experienced to safely meet the
presenting need during the disturbance.

 

If you are unhappy with this response, and believe KCC has not complied
with legislation, please ask for a review by following our complaints
process; details can be found at this link
[1]http://www.kent.gov.uk/about-the-council...
on our website. Please quote reference FOI/17/841.

 

If you still remain dissatisfied following an internal review, you can
appeal to the Information Commissioner, who oversees compliance with the
Freedom of Information Act 2000. Details of what you need to do, should
you wish to pursue this course of action, are available from the
Information Commissioner’s website [2]http://www.ico.org.uk/concerns

 

Yours sincerely

 

Alex Corcoran | Information Access Officer | Information Resilience &
Transparency Team | Kent County Council | Room 2.71, Sessions House,
Maidstone, ME14 1XQ | Phone 03000 419707 | Fax 03000 420303 | 
[3]http://www.kent.gov.uk/about-the-council...
|

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