WBC - DASS - Rick O'Brien Secondment

Waiting for an internal review by Wirral Metropolitan Borough Council of their handling of this request.

Dear Wirral Metropolitan Borough Council,

Please see the following link:

http://wirralleaks.tumblr.com/post/26845...

BRIEFING NOTE
NUMBER: 77
DATE: 6th JULY 2012
FROM: RICK O’BRIEN, HEAD OF PERSONAL ASSESSMENT AND PLANNING BRANCH
TO:PRINCIPAL MANAGERS, SERVICE MANAGERS, TEAM MANAGERS,
SUBJECT:NOTICE OF SECONDMENT

Dear Colleagues

I am writing to advise you that I will be leaving the Department of Adult Social Care to take up a secondment with the Department of Health National End of Life Care Team at the end of this month. The secondment is full time for a time limited period and may be extended to a period of 18 months. As many of you will know I have a particular interest in this area of work so this secondment will provide further opportunities to take forward the national End of Life Care strategy and national framework for social care at the end of life nationally and regionally. My last working day will be Friday 3rd August.

Can I take this opportunity to thank managers and staff for their support in the last 4 ½ years. It has been a genuine pleasure and privilege to work in Wirral with those operational managers and staff who have shown exemplary commitment and professionalism in taking forward the service improvement agenda, implementing and personalisation and developing new models of working with partners. There is a strong foundation to make further improvements and I wish colleagues every success in making this happen in the future.

Rick O’Brien
Head of Personal Assessment and Planning

This describes another senior officer who was responsible for the department... leaving the department.

http://www.whatdotheyknow.com/request/wb...

It was on Rick O'Brien's watch that the department suffered damning reports from CQC and the AKA Report reported on a failing department:

http://www.guardian.co.uk/social-care-ne...

And prompted questions at prime minister question time:
http://wirralleaks.tumblr.com/post/16877...

http://www.wirralglobe.co.uk/news/946745...

The irony of his secondment is not lost that Rick O'Brien was responsible for a very likely illegal policy in delaying care packages which resulted in the premature passing of a person he was duty bound to provide services for within a reasonable amount of time.

http://www.whatdotheyknow.com/request/wb...

http://www.wirralglobe.co.uk/news/962725...

Please disclose:

1. If WBC will be paying the Salary of Rick O'Brien while on secondment
2. If WBC will be recompenced by the DoH
3. If Rick O'Brien will still be an employee of WBC
4. If Rick O'Brien will be accountable to the disciplinary procedure of WBC during secondment
5. If WBC would have to disclose any outcome of the disciplinary procedure to the DoH during the secondment
6. If WBC would have to disclose any outcomes of any serious case reviews which were critical of the practice of Rick O'Brien
7. If WBC would have to disclose any initial or ongoing criminal investigations into the conduct of Rick O'Brien to the DoH.
8. If WBC would have to disclose any investigations into Malfeasance in public office regarding failing to provide appropriate and accurate context to WBC's external legal representatives in obtaining accurate legal advice
9. If WBC would have to disclose any disclosure / investigation to the General Social Care Council
10. If the secondment would end if an event of summary dismissal was to occur on the part of WBC

Yours faithfully,

Pete Sheffield

Corrin, Jane, Wirral Metropolitan Borough Council

Good Afternoon,

Thank you for your enquiry below.  The Council is unable to provide the
information which you have requested.  In refusing to disclose
information, the Council is relying on the exemption contained in Section
40 (2) of the Freedom of Information Act.

The Secondment Agreement includes personal data, and the Council does not
consider that the requester  could  satisfy the sixth condition in
Schedule 2 of the Data Protection Act 1998, which is as follows:-

 

The processing is necessary for the purposes of legitimate interests
pursued by the data controller or by the third party or parties to whom
the data are disclosed, except where the processing is unwarranted in any
particular case by reason of prejudice to the rights and freedoms or
legitimate interests of the data subject.

 

The Council considers that the disclosure of the information sought would
be unwarranted by reason of prejudice to the rights and freedoms or
legitimate interests of the Data Subject, Rick O’ Brien.

 

You have the right under Section 17 of the Freedom of Information Act 2000
to ask for an internal review of the refusal to some of the information
requested.  Please would you direct any request for an internal review to
Mr Surjit Tour, Head of Legal and Member Services, Department of Law, HR
and Asset Management, Town Hall, Brighton Street, Wallasey, CH44 8ED

 

You do also have the right to complain to the information Commissioner, if
you are dissatisfied with the outcome of any internal review, whose office
is situated at:  Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Tel: 08456 30 60 60 or 01625 54 57 45

Fax: 01625 524510  www.ico.gov.uk <[1]http://www.ico.gov.uk/>

 

Kind Regards

Jane Corrin

Information manager

Wirral Council

 

 

 

show quoted sections

Dear Wirral 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 Wirral Metropolitan Borough Council's handling of my FOI request 'WBC - DASS - Rick O'Brien Secondment'.

This information is in the public interest, I am not asking for the full secondment agreement but the information detailed in my request. As such you are misapplying section 40.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/wb...

Yours faithfully,

Pete Sheffield

Dear Corrin, Jane,

The time set for conducting internal reviews has now passed. Please advise when this internal review will be completed.

Yours sincerely,

Pete Sheffield

Dear Corrin, Jane,

I have passed this to the ICO.

Yours sincerely,

Pete Sheffield

Paul Cardin left an annotation ()

Here is a link to an article, setting out what I feel is the background and true motivation behind Wirral Council's very poor response times.

Notably, there are just 2 people dedicated to Freedom of Information and Data at this council (one professional and one admin assistant) - which says it all really.

http://easyvirtualassistance.wordpress.c...

Corrin, Jane, Wirral Metropolitan Borough Council

1 Attachment

Good Afternoon,

Please see attached document as Wirral Council’s response to your request
for an Internal Review.  We apologise for the delay in responding to you. 

 

Kind regards

Jane Corrin

Information Manager

Transformation and Resources

Wallasey Town Hall

Brighton Street

Wallasey

Wirral

CH44 8ED

 

[Wirral Borough Council request email]

 

 This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988.   You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge.

 

  

 

 

show quoted sections

Dear Corrin, Jane,

Thank you for your response and for your apology.

A number of the questioned asked as part of the FOI request pertain to the generalised rules of a person who is seconded and is of public interest as to if WBC is paying their employee or if this is being met by the employer who is benefiting from WBC's employee.

These questions are not covered by the exemption of which you rely. As such I will be referring this to the ICO.

Yours sincerely,

Pete Sheffield