Dear Ms Bernades,
Freedom of Information Act Request: SEND staffing
I am writing in response to your email of 21 July 2015 requesting information about SEND staffing in the local authority.
In particular, you requested that the local authority supplied you with the following information:-
1. The number of full time equivalent members of staff employed centrally by the council with responsibility for Special Educational Needs (SEN/SEND) during each of the years: 2010, 2011, 2012, 2013, 2014, 2015 in the following:
a. working with more than one LA school and based in a Local Authority office
The number of full time equivalent members of staff employed centrally by the council with responsibility for Special Educational Needs worked in more than one school and were based in a local authority office:
2010 39
2011 39
2012 27
2013 24
2014 31
2015 30
b. working with more than one LA school and based elsewhere
Not applicable
c. working in one LA school for that school
Not applicable
2. The numbers of full time equivalent members of staff who are dyslexia and literacy specialists employed by the council in each of the following years: 2010, 2011, 2012, 2013, 2014, 2015 in the following:
a. working with more than one LA school and based in a Local Authority office
The number of full time equivalent members of staff who were dyslexia and literacy specialists employed by the council worked in more than one school and were based in a local authority office (a):
2010 6.5
2011 6.5
2012 2.5
2013 1.0
2014 1.0
2015 1.0
b. working with more than one LA school and based elsewhere
Not applicable
c.working in one LA school for that school
Not applicable
3.The amount of hours contracted to external specialists (for example but not limited to consultants/educational psychologists etc) employed by the council in each of the following years: 2010, 2011, 2012, 2013, 2014, 2015
There have been no contracted hours to external specialists in this area of work during this period.
4.The job specification for the person responsible for:
a.Managing SEN/D provision for the LA
b. Compiling the Local Offer for the LA
The job descriptions are attached. Please note that the Senior Statementing Officer now has the title of Education, Health and care Assessment Team Manager.
5. The qualifications held by the person responsible for the following role in each of the following years: 2010, 2011, 2012, 2013, 2014, 2015:
a. Managing SEN/D provision for the LA
b. Compiling the Local Offer for the LA
Section 40(2) of the FOIA states that the personal information of a third party must not be disclosed if to do so would contravene any of the data protection principles. The first principle of the Data Protection Act 1998 (the DPA) states that personal data must be processed fairly and lawfully.
‘Personal data’ is defined under section 1(1) of the DPA as data which relates to a living individual who can be identified from that data, or from that data and other information which is in the possession of the data controller or is likely to come into the possession of the data controller.
In this case, the Council considers that disclosure of the information requested would be likely to identify information about a small number of employees who could then potentially be identified.
Disclosure of such information could be unfair and therefore contravene the requirements of the first data protection principle; the Council would take the following factors into account:
• whether the requested information is sensitive personal data;
• the consequences of disclosure;
• the data subject’s reasonable expectations of what would happen to their personal data;
• the balance between the rights and freedoms of the data subject and the legitimate interests of the public.
Any consideration of fairness must first determine whether the requested information is defined as sensitive under the DPA. Section of the DPA defines sensitive personal data as information which relates to:
(a) racial or ethnic origin
(b) political opinions
(c) religious beliefs
(d) trade union membership
(e) physical or mental health
(f) sexual life
(g) criminal offences, sentences, proceedings or allegations.
The Council has determined that the information requested is not sensitive.
It is considered that distress may occur if information relating to individual qualifications were released into the public domain. There is the potential that by using such information it would be possible to identify the individual employees. The Council considers it would cause unnecessary and unjustifiable distress to individuals if such information was released under the FOIA. It could leave employees open to public scrutiny, to being approached and possibly to having to justify their employment to interested parties.
The details you have requested are to some degree confidential. Individuals concerned therefore can reasonably expect that personal information in respect of their qualifications remain confidential.
The public undoubtedly has a legitimate interest in knowing about the support provided to children with special educational needs. There is also a strong argument that a public body should be transparent and accountable to the public for its actions in this respect. However, the Council considers that the interests of the individuals are of paramount importance and in all the circumstances of this case the arguments in favour of non-disclosure outweigh those in favour. That is the individuals’ right to privacy outweighs the public’s legitimate interest in transparency and accountability.
The exemption is an 'absolute' exemption under the Act if any of the data protection principles are breached.The Council is satisfied that disclosure of this type of information would breach the first data protection principle that data should be processed fairly and lawfully, (Schedule 1 of the Data Protection Act 1998).It is considered thatthe individuals involved would not expect information upon such matters to be made public and that it would be unfair to do so.The Council therefore fails to conclude that there isanylegitimate or genuine public interest in disclosing such information that would outweigh the unfairness to the individual of such a release.
If you are not satisfied with my response to your request for information, you may ask the Council for an internal review of this decision. You should write to Timothy Date, Solicitor to the Council and Assistant Director Corporate Governance at Warrington Borough Council, Quattro, Buttermarket Street, Warrington, WA1 1BN, giving details of your complaint. You should do this as soon as possible, or, in any case, within two months of your request being refused.
If, following the outcome of the internal review, you remain dissatisfied with the Council's response to your information request, you have the right under section 50 of the Freedom of Information Act 2000 to appeal to the Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545745
Fax: 01625 545 510
Email:
Yours sincerely
Sarah Callaghan
Operational Director
Universal Services
Tel: 01925 442835
Fax: 01925 442929
E-mail: