FREEDOM OF INFORMATION ACT 2000
ABSOLUTE EXEMPTION FROM
DISCLOSURE OF DOCUMENTS /
INFORMATION
Ref no: FOI 23/0331
Applicants Name:
Andrew Paterson
Date of Request:
8th March 2023
Information sought:
Can I please request the following information, al relating to the Council's
recruitment of agency “unqualified social care” staff such as: support workers,
Health Care Assistants and Residential Childcare Workers etc.. 1) Can you
please confirm the procurement framework / managed service provider the
Council uses for its recruitment of agency “unqualified social care” staff such
as: support workers, Health Care Assistants and Residential Childcare
Workers etc.. 2) In the financial year 2021 - 2022, what was the total agency
spend for “unqualified social care” staff in A) Adult Services B) Children
Services 3) The number of agency workers engaged per category A and B
listed above in question 2 during the same period 4) Structure charts that
include names and professional contact details for Deputy Team Managers /
Team Manager / Service Manager per category A and B listed above in
question 2 during the same period.
Absolute Exemptions applying to the Information Sought
Section 40(2) of the Freedom of Information Act, the disclosure of information which is classified as
personal data in accordance with the provisions of the General Data Protection Regulations 2016.
Case for Absolute Exemption
Section 40(2) of the Freedom of Information Act provides an exemption for information which is the
personal data of any third party, where disclosure would contravene any of the Data Protection
Principles contained in Article 5 of the General Data Protection Regulations 2016 (GDPR).
Under Section 40(2) of the Freedom of Information Act 2000, releasing the names and contact
details of staff under third tier of management would fall within the definition of ‘personal data’ in
Article 4(1) of the Data Protection Act 2018, as any information is relating to an identified or
identifiable natural person. The disclosure of this information would breach Data Protection Principle
1(a) – Personal data shall be processed lawfully, fairly and in a transparent manner.
This is an absolute exemption and is not subject to the public interest test.
Extent of Exemption
The names and contact details of staff under third tier of management are exempt.
Authorised Officer
Name: Robert Tranter
Position:
Head of Legal Services and
Monitoring Officer
Signed: Robert Tranter
Date:
30th March 2023
Document Outline
