The Berkshire Sensory Consortium

Response to this request is long overdue. By law, under all circumstances, Achieving for Children should have responded by now (details). You can complain by requesting an internal review.

Dear Achieving for Children,

According to following local offer:

https://directory.westberks.gov.uk/kb5/w...
"The Berkshire Sensory Consortium Service (BSCS) is hosted by "Achieving for Children (AfC) on behalf of the Royal Borough of Windsor & Maidenhead (RBWM ) as part of the . Berkshire Joint Arrangement between RBWM, Slough, Bracknell Forest, Wokingham, Reading and West Berkshire Local Authorities. "

Can you please confirm if BSCS require Legal Advice/ guidance how do they obtain this? For example please clarify if they obtain independent legal advice though their insurance, if they they escalate to AfC to deal? If the latter how do AfC then deal with the matter (in house team, independent though insurance or escalate to RBWM and if so which department e.g Joint Legal Team, Information Governance Team) etc?

Please then provide all relevant internal procedures and processes and SLA's etc relied upon that apply to the above and also a copy of the Berkshire Joint Arrangement between the for the BSCS that exists between the 6 LA's. Finally Please clarify or direct me to where I can find out how the BSCS is funded.

Yours faithfully,

Jacqui Prentice

Dear Achieving for Children,

Further to my earlier FOI I would appreciate it if you can also add the following requests to it:

1) What date did the BSCS move its website from the domain : berkshirescs.btck.co.uk to the current domain ( berkshiresensoryconsortium.co.uk)?
2) A copy of the BSCS privacy notice that was in effect September 2021 and a copy of each subsequent version calcification of date the notice came into force.

3) Current version of the APD policy on-line is dated May 2021, please provide previous verisons of this policy.

Yours faithfully,

Jacqui Prentice

AfC Freedom of Information and Subject Access Requests, Achieving for Children

Dear Ms Prentice,
Thank you for contacting the Information Governance Team at Achieving for
Children, provider of Children's Services for the London Borough of
Richmond, the Royal Borough of Kingston and the Royal Borough of Windsor
and Maidenhead.

Your two Freedom of Information requests  were received on 19/12/2022. We
will endeavour to respond to both requests with a combined response within
20 working days of receipt in accordance with the Freedom of Information
Act 2000.

Yours sincerely,
IG Team
Information Governance Support 
Business Services and Transformation
  
Email: [1][Achieving for Children request email]
Achieving for Children
42 York Street, Twickenham, TW1 3BW
[2]http://www.achievingforchildren.org.uk/

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AfC Freedom of Information and Subject Access Requests, Achieving for Children

5 Attachments

Dear Ms Prentice,
Apologies for the delay. Your Freedom of Information Request has now been
considered and please find our response below.
Your Request:

According to following local offer:

[1]https://directory.westberks.gov.uk/kb5/w...
"The Berkshire Sensory Consortium Service (BSCS) is hosted by "Achieving
for Children (AfC) on behalf of the Royal Borough of Windsor & Maidenhead
(RBWM ) as part of the . Berkshire Joint Arrangement between RBWM, Slough,
Bracknell Forest, Wokingham, Reading and West Berkshire Local Authorities.
"

1 - Can you please confirm if BSCS require Legal Advice/ guidance how do
they obtain this? For example please clarify if they obtain independent
legal advice though their insurance, if they they escalate to AfC to deal?
If the latter how do AfC then deal with the matter (in house team,
independent though insurance or escalate to RBWM and if so which
department e.g Joint Legal Team, Information Governance Team) etc?

2 -Please then provide all relevant internal procedures and processes and
SLA's etc relied upon that apply to the above and also a copy of the
Berkshire Joint Arrangement between the for the BSCS that exists between
the 6 LA's. Finally Please clarify or direct me to where I can find out
how the BSCS is funded.

Further to my earlier FOI I would appreciate it if you can also add the
following requests to it:

3 -What date did the BSCS move its website from  the domain
: [2]berkshirescs.btck.co.uk to the current domain 
( [3]berkshiresensoryconsortium.co.uk)?
4 -A copy of the BSCS privacy notice  that was in effect September 2021
and a copy of each subsequent version calcification of date the notice
came into force.

5 -Current version of the APD policy on-line is dated May 2021, please
provide previous verisons of this policy. 
Our Response:
1 - Legal Advice is escalated to AFC unless the relevant LA legal team are
involved as part of a request for a tribunal directly from one of the 6
Berkshire Local Authorities SEND Team
2 - We don’t hold the SLA for the joint Legal Services or have the
procedures and processes. 

BSCS is funded by each of the Six Berkshire Local Authorities as part of
the Joint Agreement. The Local Authorities use their High Needs Block to
pay for their contribution to the Berkshire Sensory Consortium 

The Data Sharing Agreement is out for signing with the 6 LAs at the
moment. There was not a separate Data Sharing Agreement in place
previously other than the joint agreement and the privacy notices 

Copy of the last Joint Arrangement contract which is in place and the
draft version which is  being reviewed with the six LAs currently. 

3 -The Website was moved on 7th July 2021.
4 - Berkshire Sensory Consortium Service Privacy Notice For Young People
13+ was added in 20/10/22  -attached 

Updated version  of the General Privacy June 2022 attached 

Previous Privacy notice in place in Sept 2021 attached. No further
versions until June 2022

5 -There are no previous versions of the APD policy. Current APD policy is
attached.
Please let me know if we can assist any further.
Kind regards
IG Team
Information Governance Support 
Business Services and Transformation
  
Email: [4][Achieving for Children request email]
Achieving for Children
42 York Street, Twickenham, TW1 3BW
[5]http://www.achievingforchildren.org.uk/
Important: Email messages and file attachments sent by Achieving for
Children may contain confidential information or legally privileged
information and are only intended for the addressee or the person
responsible for delivering the message to the intended recipient. If you
have received this message in error, you should delete the message and any
attachments immediately from your system and inform the sender of the
error. Personal data we collect from you will be processed in accordance
with our privacy notices:
(https://www.achievingforchildren.org.uk/...)

References

Visible links
1. https://directory.westberks.gov.uk/kb5/w.
2. http://berkshirescs.btck.co.uk/
3. http://berkshiresensoryconsortium.co.uk/
4. mailto:[Achieving for Children request email]
5. http://www.achievingforchildren.org.uk/

Dear AfC Freedom of Information and Subject Access Requests,

Many thanks for your reponse howevever I reasonably request clarification of the below:

2) "We don’t hold the SLA for the joint Legal Services or have the procedures and processes". - You have misunderstood my request. To clarify I would like a copy of any SLA's that exist between the BSCS and the 6 Berkshire LA's and also copies of ALL BSCS internal policies and processes. Please provide me with a list if all internal polices and processes and I can then highlight which of them are of interest / appropriate.

The response has failed to provide me with the Berkshire Joint Arrangement too.

Please clarify why the BSCS do not hold their own copies of any of these SLA's, agreements and / or policies as this is highly unusual practice?

"The Data Sharing Agreement is out for signing with the 6 LAs at the moment. There was not a separate Data Sharing Agreement in place previously other than the joint agreement and the privacy notices " is of concern as this appears to be the standard RBC JLT response when a policy does not exist that has been requested.

4) Thanks for the privacy notices, one of which states: "We collect and process personal data to comply with our legal obligations as outlined in the Children and Families Act 2014, and to carry out tasks in the public interest." - please confirm the specific section of the Children & Families Act that the BSCS are relying on to process data and also clarify what the tasks are that the BSCS carry out in the public interest?

5) " There are no previous versions of the APD policy " - please provide me with copies of all data to include but not limited to documents / reports / research etc that lead to the development and implementation of the APD policy

Yours sincerely,

Jacqui Prentice

Dear AfC Freedom of Information and Subject Access Requests,

It is disappointing that I have had no response to my request for clarification issued on 25-02-2023, any new information requested the 20 day statutory time-frame expired last week so please confirm when you will provide me with everything reasonably requested?

I would also like to add another point of calcification to 5) please confirm what date in May the APD policy came into effect as it is highly unusual for a policy not to have a specific date on it?

Yours sincerely,

Jacqui Prentice

AfC Freedom of Information and Subject Access Requests, Achieving for Children

Dear Ms Prentice,
Apologies for the delayed follow-up response from us. Please find below:
Your request:
2) "We don’t hold the SLA for the joint Legal Services or have the
procedures and processes". - You have misunderstood my request.  To
clarify I would like a copy of any SLA's that exist  between the BSCS and
the 6 Berkshire LA's and also copies of ALL  BSCS internal policies and
processes. - Could you please confirm if we have any SLA's between the
BSCS and the 6 Berkshire LA's? If so could you please send through copies?
  
5) "  There are no previous versions of the APD policy "  - please provide
me with copies of all data to include but not limited to  documents /
reports / research etc that lead to the development and implementation of
the  APD policy. please confirm what date in May the APD policy came into
effect as it is highly unusual for a policy not to have a specific date on
it?- Could you please let me know if there's any saved documents/reports
that this question is asking for? And the requester added the following
point: please confirm what date in May the APD policy came into effect as
it is highly unusual for a policy not to have a specific date on it? 
Our Response:
2) No other SLAs
5) There are no saved documents or research relating to the APD policy 
The policy came into effect: May 2021 

Policy last reviewed: May 2021

Agreed by: Leadership and Management Team 

Shared with staff: May 2021

Frequency of review: Every three years 

Date of next review: February 2024

Kind regards

IG Team

Information Governance Support 
Business Services and Transformation
  
Email: [1][Achieving for Children request email]
Achieving for Children
42 York Street, Twickenham, TW1 3BW
[2]http://www.achievingforchildren.org.uk/

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Jacqui Prentice

Dear AfC Freedom of Information and Subject Access Requests,

Further to your response that: "There are no saved documents or research relating to the APD policy ", this is somewhat concerning and highly unusual for there to be no saved information whatsoever in conection to the development of a new service/policy! Please therefore carry out a robust review which includes a complete search of all systems to ensure that there are no records whatsoever in connection to the development of the aforementioned APD policy.

Whilst I await the outcome of this review I would also like to reasonably request that you provide me with or direct me to where I can find the following policies online:
1) BSCS data retention policy
2) Internal policy/process that applies to development of any new service

Yours sincerely,

Jacqui Prentice

Jacqui Prentice

Dear AfC Freedom of Information and Subject Access Requests,

further to the above whilst reviewing the FOI it has come to my attention that the original response stated:
"Copy of the last Joint Arrangement contract which is in place and the draft version which is being reviewed with the six LAs currently. "

this infers that the current live Joint Berkshire Agreement had been attached, but this is not the case, only the draft version was attached therefore please provide the missing attachment with immediate effect,

Yours sincerely,

Jacqui Prentice

AfC Freedom of Information and Subject Access Requests, Achieving for Children

1 Attachment

Dear Ms Prentice,
Please find the joint agreement attached.
Kind regards
IG Team.
Information Governance Support 
Business Services and Transformation
  
Email: [1][Achieving for Children request email]
Achieving for Children
Civic Centre, 44 York Street, Twickenham, TW1 3BZ 
[2]http://www.achievingforchildren.org.uk/

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AfC Freedom of Information and Subject Access Requests, Achieving for Children

Dear Ms Prentice,
Thank you for your email raising concerns and requesting an internal
review of Freedom of Information Request: AfC 139/2223 - Prentice. 
We have received your email and will contact you once the review process
is complete. This should be within 20 working days. 
Kind regards
IG Team
Information Governance Support 
Business Services and Transformation
  
Email: [1][Achieving for Children request email]
Achieving for Children
Civic Centre, 44 York Street, Twickenham, TW1 3BZ 
[2]http://www.achievingforchildren.org.uk/

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AfC Freedom of Information and Subject Access Requests, Achieving for Children

1 Attachment

Dear Ms Prentice
Please find attached the outcome of an internal review into the handling
of your FOI request.  
Yours sincerely
Samukele Matshakayile-Ndlovu
Information Governance Support 
Business Services and Transformation
  
Email: [1][Achieving for Children request email]
Achieving for Children
Civic Centre, 44 York Street, Twickenham, TW1 3BZ 
[2]http://www.achievingforchildren.org.uk/

show quoted sections

AfC Freedom of Information and Subject Access Requests, Achieving for Children

Dear Ms Prentice,
Your Freedom of Information Request has now been considered and please
find our response below:
Your Request:

I would also like to reasonably request that you provide me with  or
direct me to where I can find the following policies online:

1) BSCS data retention policy

2) Internal policy/process that applies to development of any new service

Our Response:

1) We do not hold this information. The Berkshire Sensory Consortium's
data retention is in line with Achieving for Children's policy. We have
updated the privacy notice to include the data retention periods. A copy
of the privacy notice can be found [1]here, 

2)  There is no policy or formal process for the development of a new
service. The approach we take to developing a new service will be unique
to that specific service, there isn't a one size fits all approach.  New
policies may be as a response to stakeholder feedback or changes
nationally within the field and are discussed within the team and
partnership.

Kind regards

IG Team

Information Governance Support 
Business Services and Transformation
  
Email: [2][Achieving for Children request email]
Achieving for Children
Civic Centre, 44 York Street, Twickenham, TW1 3BZ 
[3]http://www.achievingforchildren.org.uk/
Important: Email messages and file attachments sent by Achieving for
Children may contain confidential information or legally privileged
information and are only intended for the addressee or the person
responsible for delivering the message to the intended recipient. If you
have received this message in error, you should delete the message and any
attachments immediately from your system and inform the sender of the
error. Personal data we collect from you will be processed in accordance
with our privacy notices:
(https://www.achievingforchildren.org.uk/...)

References

Visible links
1. https://www.achievingforchildren.org.uk/...
2. mailto:[Achieving for Children request email]
3. http://www.achievingforchildren.org.uk/