13th October 2022
Joan Corrigan
[Joan Corrigan xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx]
Our ref.: FOI/22/356
Dear Ms Corrigan
RE: Freedom of Information (FOI) request – Targeted abuse of the learning
disabled
We acknowledge receipt of your Freedom of Information request which was received
by the Western Health and Social Care Trust on 30th August 2022. We apologise for
the delay in responding. Please see below a Trust response to your request.
Your request
“Nigel Chambers from Dept of health, learning disabilities team, in relation to
restricting the movement, freedom and day care/ respite services for the
learning disabled in NI has stated:
1. Services "remain subject to infection prevention and control (IPC) guidance
to minimise the risks associated with Covid-19 and respiratory illness."
Please outline why WHSCT have decided to focus on the learning disabled and
not any other group of people within the WHSCT for imposing these
restrictions?
He also stated;
2. "Trusts are currently identifying placement in day opportunities for this
cohort of service users to ensure that they have a meaningful range of day
activities aligned to their assessed needs."
Outline exactly what WHSCT are doing to
"Identifying placement in day opportunities for this cohort of service users to
ensure that they have a meaningful range of day activities aligned to their
assessed needs."
3. Mr Chambers wrote:
Of the importance of
Freedom of Information (FOI) Office, Western HSC Trust,
Lime Villa, Gransha Park, Clooney Road, Londonderry, BT47 6WJ
e-mail: xxx.xxxxxxx@xxxxxxxxxxxx.xxxxx.xxx
"balanc(ing) Covid-19 risks with the wider risks to mental health and wellbeing
associated with reduced community services. "
What exactly is the WHSCT doing to balance Covid-19 risks with the wider risks
to mental health and wellbeing associated with reduced community services?"
4. WHSCT will be aware that the following laws are being breached by the
immediate withdrawal of those in care homes from day care, with no wean off
period, no substitute and no best interests meetings with families.
Human Rights act articles 3, 5, 8
UN CRPD article 19
Mental capacity act NI 2016
Social care reform act 2009
The Disability Discrimination (Northern Ireland) Order 2006
*what evidence exists of WHSCT justifying breaking all of these laws and *what
evidence exists of its plans to rectify this and when?”
Trust response
Regarding questions 1, 2 and 3, we can advise that this information has been provided
to you in other FOI responses, our references FOI/22/284 and FOI/22/285. As we
have provided this information previously, the Trust is applying an exemption under
Section 21 the FOIA 2000:
Section 21 –Information accessible to applicant by other means Section 21(1) of the
FOIA states: “Information which is reasonably accessible to the applicant otherwise
than under section 1 is exempt information.” Section 21 is an absolute exemption
which means there is no requirement to carry out a public interest test if the requested
information is exempt.
Regarding question 4, this is not a valid request for information as you start with the
suggestion that the WHSCT is breaking multiple laws and asks for evidence of when
and how this will be rectified. As previously stated, the Trust will not respond to general
questions and any request must be for recorded information (information held on the
Trust’s information systems). The Trust will not respond to or acknowledge information
requests or complaints, where previously the Trust has formally responded to you in
providing a definitive response or outlined its position.
The Trust has informed you on a number of occasions of its position in responding to
requests for information. Going forward the Trust will be reinforcing this position and
will not respond to general questions and any request must be for recorded information
(information held on the Trust’s information systems). Where previously the Trust has
formally responded to you in providing a definitive response or outlined its position, no
further information will be provided. This includes requests for personal information of
third parties, where the Trust has stated there is no evidence of your legal entitlement
to this information.
Freedom of Information (FOI) Office, Western HSC Trust,
Lime Villa, Gransha Park, Clooney Road, Londonderry, BT47 6WJ
e-mail: xxx.xxxxxxx@xxxxxxxxxxxx.xxxxx.xxx
We hope you find this response helpful.
Yours sincerely
(Not signed – issued by email)
Freedom of Information Office
Western Health and Social Care Trust
Freedom of Information: If you are dissatisfied as to how this request has been handled, you have the
right to seek a review within the Trust in the first instance. You should write to the FOI Office, Lime
Villa, Gransha Park, Clooney Road, Londonderry, BT47 6WJ (xxx.xxxxxxx@xxxxxxxxxxxx.xxxxx.xxx)
within two months of the date of this response and your complaint will be considered and a response
provided, usually within 20 working days of receipt.
If, after receiving a response, you remain dissatisfied, you can refer your complaint to the Information
Commissioner at The Information Commissioner’s office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF. It is important to note that if you refer any matter to the Information Commissioner,
you wil need to show evidence of having gone through the Trust’s internal review procedure to try to
resolve the matter with the Trust in the first instance.
Freedom of Information (FOI) Office, Western HSC Trust,
Lime Villa, Gransha Park, Clooney Road, Londonderry, BT47 6WJ
e-mail: xxx.xxxxxxx@xxxxxxxxxxxx.xxxxx.xxx
