Dear Walsall Metropolitan Borough Council,

I would like to know how much each school in the LA spent on temporary supply teaching and other supply staff from external supply teaching agencies from September 1st 2020 - 12th October 2020. I would like to know this information for each Nursery, Primary, Secondary and SEND school. I would also, in addition to this, like to know which agency/s each school spent money with, broken down per school. As this information is not available on any Government website for this time period, this information is not already available, readily, to the public. I believe all LAs will have this information listed under 'E02' and 'E26'.

Yours faithfully,

Andy Smith

Walsall Metropolitan Borough Council

1 Attachment

Dear Mr Smith

 

Request for Information RFI-2023-20

 

Thank you for your request for information relating to Supply Teachers
(E02 and E26) which was received on 12 October 2020.

 

In accordance with the provisions of the Freedom of Information Act 2000
the council will respond to your request within 20 working days, saying
whether we have the information that you want, and if there will be any
charges. 

 

If, for any reason, we cannot provide you with the information, we will
tell you why.

If we need to clarify your request, we will contact you again.

 

Update – Your Information Rights Requests and Coronavirus:

 

Walsall Council is working extremely hard to ensure the safety and
wellbeing of all residents of the borough during this difficult period. As
part of this working practices and priorities within the council may need
to change in line with advice from the Government and our own Public
Health Service.

 

This may mean that our usual processes for responding to requests for
information will need to change, and unfortunately you may experience
delays in receiving the information you have requested.

 

We apologise in advance if we cannot respond within the statutory
timeframe of your request - however should your request be effected we
will let you know and will endeavour to keep you updated on our progress.

 

We ask that show understanding and patience as we work through this
difficult time and we assure that we will do our upmost to ensure you
receive a response to your request as soon as possible

 

In the meantime, if you need to contact me about your request, please do
so quoting the above reference number.

 

Yours sincerely,

Fakhara Qanwal

 

 

Assurance Team, Resources and Transformation

Walsall Metropolitan Borough Council,

Civic Centre,

Darwall Street,

Walsall, WS1 1DG

Email: [Walsall Council request email]

Service area: [1]walsall.gov.uk/ Information Governance and Assurance

Website:  [2]www.walsall.gov.uk

 

[3]http://int.walsall.gov.uk/portals/0/Comm...

Disclaimer: IF THIS EMAIL IS MARKED PRIVATE OR CONFIDENTIAL - PLEASE
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should be regarded as confidential and is intended for the addressee only
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obligations, to prevent or detect crime. You should also be aware that any
email may be the subject of a request under Data Protection, Freedom of
Information or Environmental Information legislation and therefore could
be disclosed to third parties.

 

E-mail Security: Communication by internet email is not secure as
messages can be intercepted and read by someone else. Therefore we
strongly advise you not to email any information, which if disclosed to
unrelated third parties would be likely to cause harm or distress. If you
have an enquiry of this nature please provide a postal address to allow us
to communicate with you in a more secure way. If you want us to respond by
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References

Visible links
1. https://eur01.safelinks.protection.outlo...
2. https://eur01.safelinks.protection.outlo...

Walsall Metropolitan Borough Council

1 Attachment

Dear Mr Smith,

 

Freedom of Information Request RFI-2023-20

 

Further to your request for information about Supply Teachers (E02 and
E26), I can tell you the following:

 

1. I would like to know how much each school in the LA spent on
temporary supply teaching and other supply staff from external supply
teaching agencies from September 1st 2020 - 12th October 2020. I would
like to know this information for each Nursery, Primary, Secondary and
SEND school. I would also, in addition to this, like to know which
agency/s each school spent money with, broken down per school. As this
information is not available on any Government website for this time
period, this information is not already available, readily, to the public.
I believe all LAs will have this information listed under 'E02' and 'E26'.

The information you have requested is not held by the Local Authority (The
LA), temporary/ agency recruitment is carried out by the schools directly
and is not reported to the LA, the information you have requested is only
held by the individual school. Therefore under section 1 of the Freedom of
Information Act, this information is not held and the request is refused.

A link to the schools directory is provided below which will give you a
list of all schools in the borough along with contact details.

https://go.walsall.gov.uk/education_dire...

 

Most of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection.  In
most cases the copyright will be owned by Walsall Council. The copyright
in respect of other information may be owned by another person or
organisation, as indicated.

 

You are free to use any information supplied to you in response to this
request for your own non-commercial research or private study purposes.
The information may also be used for any other purpose allowed by a
limitation or exception in copyright law, such as news reporting. 
However, any other type of re-use, for example by publishing the
information in analogue or digital form, including on the internet, will
require the permission of the copyright owner.

  

I hope that the information provided is useful to you. However, if you are
dissatisfied, you should set out in writing your grounds for complaint and
send to: Corporate Assurance Manager, Resources & Transformation, Civic
Centre, Darwall Street, Walsall, WS1 1TP.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner’s Office (ICO) for a decision.
Please remember that, generally, the ICO cannot make a decision unless you
have first exhausted the complaints procedure provided by the council. The
Information Commissioner can be contacted at: The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF. https://ico.org.uk/global/contact-us/

 

Yours sincerely,

Laurie Andrews 

 

Assurance Team, Resources and Transformation

Walsall Metropolitan Borough Council,

Civic Centre,

Darwall Street,

Walsall, WS1 1DG

Email: [Walsall Council request email]

Service area: walsall.gov.uk/ Information Governance and Assurance

Website:  www.walsall.gov.uk

 

Disclaimer: IF THIS EMAIL IS MARKED PRIVATE OR CONFIDENTIAL - PLEASE
RESPECT CONFIDENTIALITY AND DO NOT SHARE OR FORWARD IT TO ANYONE ELSE
WITHOUT THE EXPRESS CONSENT OF THE AUTHOR. 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 Walsall MBC unless
explicitly stated.  E-mails sent or received from Walsall MBC 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 detect crime. You should also be aware that any
email may be the subject of a request under Data Protection, Freedom of
Information or Environmental Information legislation and therefore could
be disclosed to third parties.

E-mail Security: Communication by internet email is not secure as messages
can be intercepted and read by someone else. Therefore we strongly advise
you not to email any information, which if disclosed to unrelated third
parties would be likely to cause harm or distress. If you have an enquiry
of this nature please provide a postal address to allow us to communicate
with you in a more secure way. If you want us to respond by email you must
realise that there can be no guarantee of privacy.

 

Dear Walsall Metropolitan Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Walsall Metropolitan Borough Council's handling of my FOI request 'Supply Teachers (E02 and E26)'.

Other surrounding LAs and nationally provide this information. There is no reason this request should not be fulfilled by the council. Requesting an internal review - this information falls within the purview of the legislation.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

Yours faithfully,

Andy Smith

Walsall Metropolitan Borough Council

1 Attachment

Dear Mr Smith

 

Request for Information RFI-2023-20

 

Thank you for your correspondence about your request for information which
was received on 29 October 2020.

 

I can confirm that this case has now been escalated to Internal
Review/Appeal stage on the grounds that:

You are unhappy with processing of case 

You believe the council does hold this information and therefore an
exemption has been wrongly applied

 

This case has been allocated to myself as a senior member of the Assurance
Service, and I will review the handling of your request and respond to
you.

 

In accordance with the Freedom of Information Act 2000 and the
recommendations of the ICO the council will respond to your appeal within
20 working days, or 40 working days if the appeal is particularly complex.

If we believe that this case is complex and requires an extension we will
contact you to advise you of this. 

 

Update – Your Information Rights Requests and Coronavirus:

 

Walsall Council is working extremely hard to ensure the safety and
wellbeing of all residents of the borough during this difficult period. As
part of this working practices and priorities within the council may need
to change in line with advice from the Government and our own Public
Health Service.

 

This may mean that our usual processes for responding to requests for
information will need to change, and unfortunately you may experience
delays in receiving the information you have requested.

 

We apologise in advance if we cannot respond within the statutory
timeframe of your request - however should your request be effected we
will let you know and will endeavour to keep you updated on our progress.

 

We ask that show understanding and patience as we work through this
difficult time and we assure that we will do our upmost to ensure you
receive a response to your request as soon as possible

 

In the meantime, if you need to contact us about your request, please do
so quoting the above reference number.

 

Yours sincerely,

James Sparrock

 

 

Assurance Team, Resources and Transformation

Walsall Metropolitan Borough Council,

Civic Centre,

Darwall Street,

Walsall, WS1 1DG

Email: [Walsall Council request email]

Service area: [1]walsall.gov.uk/ Information Governance and Assurance

Website:  [2]www.walsall.gov.uk

 

[3]http://int.walsall.gov.uk/portals/0/Comm...

Disclaimer: IF THIS EMAIL IS MARKED PRIVATE OR CONFIDENTIAL - PLEASE
RESPECT CONFIDENTIALITY AND DO NOT SHARE OR FORWARD IT TO ANYONE ELSE
WITHOUT THE EXPRESS CONSENT OF THE AUTHOR. 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 Walsall MBC unless
explicitly stated.  E-mails sent or received from Walsall MBC 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 detect crime. You should also be aware that any
email may be the subject of a request under Data Protection, Freedom of
Information or Environmental Information legislation and therefore could
be disclosed to third parties.

 

E-mail Security: Communication by internet email is not secure as
messages can be intercepted and read by someone else. Therefore we
strongly advise you not to email any information, which if disclosed to
unrelated third parties would be likely to cause harm or distress. If you
have an enquiry of this nature please provide a postal address to allow us
to communicate with you in a more secure way. If you want us to respond by
email you must realise that there can be no guarantee of privacy.

 

 

References

Visible links
1. https://eur01.safelinks.protection.outlo...
2. https://eur01.safelinks.protection.outlo...

InformationRights, Walsall Metropolitan Borough Council

1 Attachment

Dear Mr Smith

 

Request for Information RFI-2023-20

 

Thank you for your correspondence in regards to your request for
information in which you requested a review of you case, which was
received on 29 October 2020.

 

First of all I would like to apologise that you have been dissatisfied
with the service that you have received in regards to your request for
information.

 

Whilst we always endeavour to provide a service that customers are happy
with, I am extremely sorry that in this instance we have failed to do so.

 

In order to address this, the processing of your request for information
has been reviewed, and the case has been discussed with the original
responding officer.

 

Set out below details of the findings in relation to your complaint.

 

Chronology:

 

12 October 2020 – Your request for information is received by the council.
In this you request the following information:

“How much each school in the LA spent on temporary supply teaching and
other supply staff from external supply teaching agencies from September
1st 2020 - 12th October 2020 (for each Nursery, Primary, Secondary and
SEND school)

 

Which agency/s each school spent money with, broken down per school.”

 

As requests made under the Freedom of Information Act have a statutory
timeframe of 20 working days, a response was due with you on or before 09
November 2020.

 

21 October 2020 – A response is issued to your request that explains that
the information you have request is not held by the council, and as such
the request was refused under Section 1 of the Freedom of Information Act.

 

29 October 2020 – You contacted the council to request a review of your
request

 

Elements of Your Complaint:

 

Having reviewed your case and your correspondence where you detail why you
are dissatisfied, we have identified there is 1 element that have been
raised:

 

Exemption wrongly applied

 

Each of these has been detailed and responded to below. 

 

1)      Exemption wrongly applied

Your request for an appeal is based on the fact that this information has
been provided by other Local Authorities, both nationally and surrounding
Las to Walsall have provided this information.

Further, as the council have to report this information to the Department
for Education (DfE) as part of the CFR Returns (data sets E02 and E026),
this information is held by Walsall Council.

 

In order to investigate this issue, I have discussed this case with the
relevant services within Walsall Council, specifically those that are
responsible for the out-turn of the date required by the DfE.

 

As you point out in your request, the council reports on this information,
and as such, this is data that the council holds, however only in part.

 

First of all, the council only holds this information for those schools
that use banking/financial services provided by the council. For those
that do not, the council would not hold any information.

 

Secondly, and specifically in relation to the second part of your request
(those agencies that are used) – this information is not required as part
of the DfE information, and as such it is not provided by the schools to
the council.

This information is therefore not held by Walsall Council.

 

Having reviewed your request, including the response that was issued, it
is clear that whilst some of the information you requested may not have
been held, this would not be the case for all of the information that you
requested.

 

This element of your complaint has therefore been Upheld.

 

It is the finding of this review that a Section 1 exemption would not have
been applicable to your request.

I am extremely sorry that your request was not answered correctly, and
that this has necessitated an appeal.

 

I can confirm that learning from this case has been identified and will be
circulated within the Assurance Service to help ensure that this issue
does not occur again.

This will also be discussed with the original responding officer.

 

Also, in order to complete this request appropriately, I have reconsidered
your request below so that a response can be issued.

 

New response:

Further to your request for information regarding supply teaching/support
staff at Walsall schools I can tell you the following:

 

1) How much each school in the LA spent on temporary supply teaching and
other supply staff from external supply teaching agencies from September
1st 2020 - 12th October 2020 (for each Nursery, Primary, Secondary and
SEND school).

As confirmed above, having discussed this the relevant services within the
council, I can confirm that this information is held by Walsall Council.

However, I can further confirm that this information is only held in
regards to schools that use the council’s services for banking.

 

In regards to this information being disclosed, however, we have
considered this information in regards to a number of other exemption
under the Freedom of Information Act.

i) Section 12 – Responding to the request would exceed the appropriate
limit

Having discussed this request with the appropriate services, they have
confirmed that the information we hold, is held in such a way as to allow
reports on the information to be run that details the total expenditure
over a financial year as per our DfE reporting requirements.

In order to provide the information that you have requested, it would be
necessary for invoices/records for each school to be identified, those
that relate to supply staff extracted, and then totals calculated.

As detailed in the education directory (provided below) there are over 150
non academy schools in the LA area.

Assuming that all schools have submitted 4 invoices to the council’s
financial services for the months that your request is related to
(September and October). This would equate to 600 invoices.

Each of these would need to be reviewed to see if it a) relates to supply
staff, and b) falls within the specific time period of your request (up to
Oct 12 only).

Assuming each invoice takes 3 minutes to extract and review, this would be
a time estimate of 30 hours to prepare the information.

 

This exceeds the appropriate limit as set in the Freedom of Information
Act, which stands at 18 hours for Local Authorities.

 

As such, Section 12 of the freedom of information act would be applicable
in this instance (Public Interest test dependant – please see below).

 

ii) Section 22 – The information is intended for future publication

Under the FOI Act information is exempt from disclosure where it is
intended for publication at a later date.

 

Section 22 of the act provides that:

1. Information is exempt if –

a) The information is held by a public authority with a view to its
publication, by the authority or any other person, at some future date
(whether determined or not).

b) It is reasonable in all circumstances that the information should be
withheld from disclosure until the date referred to in paragraph a).

 

As you state in your original request, the information that you are
seeking forms part of a return to government that is then published.

As such, this information will be published in line with this established
process.

 

Section 22 is however a qualified exemption subject to the public interest
test.

We have considered the public interest in releasing the information
against the interest in withholding it.

 

We accept that there is a public interest in transparency in regards to
the activity of public bodies and spend of public money and that this
could be demonstrated by releasing the information with this reply.

 

However we believe that the requirement for transparency is also achieved
by publishing this information via an established, national process.

 

Further, a routine and scheduled publication of information means that the
information is more widely available that it would be if we simply
responded to requests as and when they were received.

As there are likely to be multiple individuals who are interested in this
information. Publication will allow us to disclose a wider timeframe of
information, and make it available to a wider audience.

 

As such it is considered appropriate and adequate to follow this process
and this process would also meet the requirement and expectation of
transparency.

 

We have also acknowledged that there is also a public interest in us
providing information we hold that falls within the scope of an FOI
request as quickly as possible.

But this needs to be balanced with the public interest in us ensuring the
maximum cost effectiveness and accuracy of the information we release.
Providing this information in response to all FOI requests we receive on
this subject is not the most cost effective way of placing this
information in the public domain.

 

We have detailed above the time that would be required to produce a
response to your request – should other requests for this information be
responded to in the same way then this would cause a considerable draw on
council resources.

 

Further, as requests for information under the Freedom of Information Act
are considered to be disclosures to the public domain. As such responding
to multiple requests such as this would also result in multiple data sets
relating to differing time periods for the same data, causing possible
confusion in regards to data validation.

This would be contrary to the public interest, which lies in the reliance
on accurate data.

Therefore a scheduled routine of publications allows us to make best use
of officer time to prepare and release the information.

 

The exemption under Section 22 of the FOIA recognises that it must be
reasonable to withhold the information until the date of publication.
Given the necessary preparation and administration involved in publishing
the information, which includes liaison with multiple departments within
the council, and collation and submission of the information to managers,
as well as the fact there are established processes for this information
to be made public, we consider that our publication timetable is
reasonable.

 

We have therefore concluded that the public interest in withholding this
information until publication outweighs the public interest in releasing
it.

 

This notice, therefore, acts as a refusal notice to your request under
section 17 of the FoIA.

 

2) Which agency/s each school spent money with, broken down per school

Having reviewed this element of your request, and discussing this with the
service who are responsible for the information provided to the DfE, they
have confirmed that this information (details of the agencies) does not
actually for part of the DfE information.

As such, this is not provided to the council by the schools as part of
this data, and therefore is not held by the council.

 

Therefore, this information is exempt from disclosure under the Freedom of
Information Act Section 1 – Information Not Held.

 

This notice, therefore, acts as a refusal notice to your request under
section 17 of the FoIA.

 

I am extremely sorry that we are not able to provide this information,
however if you do require this information, then you can contact those
schools in the Local Authority Area directly, in order to request this
information form them.

Details of these schools, as well as their contact details can be found in
the councils Education Directory here:

[1]https://go.walsall.gov.uk/education_dire...

 

You are free to use any information supplied to you in response to this
request for your own non-commercial research or private study purposes.
The information may also be used for any other purpose allowed by a
limitation or exception in copyright law, such as news reporting. 
However, any other type of re-use, for example by publishing the
information in analogue or digital form, including on the internet, will
require the permission of the copyright owner.

 

Again I would like to offer my sincere apologies for the fact that you
have been unsatisfied with the service you have received from us in
response to your Subject Access Requests.

 

I hope that the information provided above is useful to you, and provides
a satisfactory response to your concerns that you have raised.

 

However, if you are not content with the outcome of your complaint, you
may apply directly to the Information Commissioner’s Office (ICO) for a
decision. The Information Commissioner can be contacted at:

The Information Commissioner’s Office,

Wycliffe House, Water Lane,

Wilmslow, Cheshire

SK9 5AF

https://ico.org.uk/global/contact-us/

 

Regards

 

James Sparrock

Lead Assurance Officer

Assurance Team, Resources and Transformation

Walsall Metropolitan Borough Council,

Civic Centre,

Darwall Street,

Walsall, WS1 1DG

Tel: 01922 65 0950

Email: [2][email address]  

Service area: [3]walsall.gov.uk/ Information Governance and Assurance

Website:  [4]www.walsall.gov.uk

 

[5]http://int.walsall.gov.uk/portals/0/Comm...

Disclaimer: IF THIS EMAIL IS MARKED PRIVATE OR CONFIDENTIAL - PLEASE
RESPECT CONFIDENTIALITY AND DO NOT SHARE OR FORWARD IT TO ANYONE ELSE
WITHOUT THE EXPRESS CONSENT OF THE AUTHOR. 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 Walsall MBC unless
explicitly stated.  E-mails sent or received from Walsall MBC 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 detect crime. You should also be aware that any
email may be the subject of a request under Data Protection, Freedom of
Information or Environmental Information legislation and therefore could
be disclosed to third parties.

 

E-mail Security: Communication by internet email is not secure as messages
can be intercepted and read by someone else. Therefore we strongly advise
you not to email any information, which if disclosed to unrelated third
parties would be likely to cause harm or distress. If you have an enquiry
of this nature please provide a postal address to allow us to communicate
with you in a more secure way. If you want us to respond by email you must
realise that there can be no guarantee of privacy.

 

References

Visible links
1. https://go.walsall.gov.uk/education_dire...
2. mailto:[email address]
3. http://int.walsall.gov.uk/Council_inform...
4. http://int.walsall.gov.uk/