Name: L S Palmer
Email:
Our Ref: FOI551
Date: 15thAugust 2011
Subject: Freedom of Information Act Request - Response
Dear L S Palmer
Thank you for your email dated 19th July 2011 to the Equality and Human Rights Commission where you have submitted the following Freedom of Information Act Request:
“For all records reasonably accessible, please can you state;
A. How many times have the public notified the Human RightsCommission of breaches of human rights
i. through the decisions of the family court?
ii. through the actions and inactions of Social Services?
iii. through the assessment By Psychologists / Psychiatrists?
B. When was the Family Court authorised to operate in breach of theHuman Rights Act?
C. Please disclose all records and data that would assist parentsand children opposing the destruction of their human rights in thesecrecy of the family court.”
The Commission has a duty under Section 10 of the Freedom of Information Act (FOIA) to respond to requests for information promptly and no later than 20 working days after receipt of your request.
Our Response
Question A(i-iii):
A. How many times have the public notified the Human Rights
Commission of breaches of human rights
i. through the decisions of the family court?
ii. through the actions and inactions of Social Services?
iii. through the assessment By Psychologists / Psychiatrists?
Answer:
We have made inquiries with the relevant directorates in the Commission for the information you have requested for questions A(i) to (iii) of your request.
Our Helpline
The EHRC Helpline deal with all enquires of discrimination and human rights. In order to determine how many times the public have notified the Helpline of breaches of human rights regarding children’s issues and, specifically, the Family Court, Social Services and Psychologists/Psychiatrists, we have begun a search of our internal Helpline database.
We found 5254 records relating to human rights, but as your request specifies incidents involving children and human rights we conducted a manual ‘Key Phrase’ search to refine accordingly.So far it has taken 9 hours to locate, retrieve and collate 121 recordsrelevant to questions A(i) to (iii) of your request.
We consider that to continue and complete our searches for relevant enquiries would exceed the appropriate limit set by Section12 of the FOIA.
Section 12(1) FOIA – where cost of compliance exceeds appropriate limit
In order to complete our search, and provide you with a complete set of Helpline enquiries relevant to questions A(i) to (iii) of your request, we would need to continue the manual assessment of all enquiries, in order to locate, retrieve and collate all entries that may be relevant to decisions of the family court, actions and inactions of Social Services, and assessment by Psychologists / Psychiatrists . As at 29th July 2011, we held approximately 5254 enquiries, related to children’s human rights issues on our system. Our reasonable estimate, based upon declarations and evidence from our Helpline, is that it would take 20 minutes to assess each of those entries in order to establish whether or not they are relevant to your request. This would therefore take 40 hours to complete.
Therefore, due to the width of your request, we estimate that the cost of locating, retrieving and collating any information that may be relevant to your request from our helpline will exceed the appropriate limit set out in s12(1) FOIA. This limit is calculated using guidance from the Information Commissioner (ICO) of £25 per hour and evidence from the helpline that this will take significantly longer than 18 hours of time to respond to your extensive request. Section 12 of FOIA makes provisions for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit of £450 for non- central government bodies.
In these situations, following ICO guidance, you may refine and resubmit your request. The Commission will then consider this new request and see what can be provided within the appropriate limit. Ways that you can refine your request are by dates and people who are protected under the seven “protected” grounds set out by the Equality Act 2010 – Race, Gender, Disability, Religion or Belief, Sexual Orientation, Age, or Gender Reassignment. Please be aware that any information that may be released following a refined request may be subject to a number of exemptions including but not restricted to sections 12 (Appropriate Limit), 40 (Personal Information) and 42 (Legal Professional Privilege) FOIA.
Our Chair’s Office:
Our Chair’s Office has received two letters, from the same individual, notifying the Commission that:
-Their baby was made the subject of a care order and a care plan of adoption; and
-They have been through court proceedings to try and regain custody of their baby.
Our Legal Enforcement Team
Our Legal Enforcement team is not aware of the public notifying the Commission of any breaches of Human Rights through the decisions of the family court, the actions and inactions of Social Services or through the assessment by Psychologists / Psychiatrists.
However, it may be helpful to know that the Commission has intervened in a case relevant to this matter in the European Court of Human Rights, namely RP v the UK (Application No. 38245/08), which involves a challenge to a decision of the family court, the actions of Social Services and the assessment made by a psychologist.
The Commission made submissions regarding the right to a fair hearing under Article 6 ECHR and the role of the Official solicitor, together with the right to family life under Article 8 ECHR. Judgment is awaited.
The Commission also intervened in the case of London Borough of Hillingdon v Neary & Anor [2011] EWHC 1377. One of the issues in this case was an inadequate assessments by a psychologist. This however arose as evidence in the case in which we intervened so was not drawn to our attention by a member of the public.
Section 32 FOIA – Court records
Please note that the court orders given in the case of London Borough of Hillingdon v Neary & Anor [2011] EWHC 1377 are exempt from disclosure under section 32 (1)( c ) of the Freedom of Information Act 2000 which is an absolute exemption.
Question B:
When was the Family Court authorised to operate in breach of the Human Rights Act?
Answer:
We can confirm that the Family Court is not authorised to operate in breach of the Human Rights Act. Further, we can confirm that theHuman Rights Act does apply to Family Court proceedings.
Question C:
Please disclose all records and data that would assist parents and children opposing the destruction of their human rights in the secrecy of the family court.
Answer:
We do not hold any record or data within the scope of question C of your request.
We may be able to help further if you can be more specific as to the particular information you require.
To assist you we have set out below our powers under the Equality Act (EA) 2006 in relation to Human Rights.
Our powers under the EA 2006 in relation to Human Rights is to promote understanding of the importance of human rights, encourage good practice in relation to human rights, and promote awareness, understanding and protection of human rights.
In addition, we have powers to encourage public authorities to comply with section 6 of the Human Rights Act 1998 (c.42) (HRA) (which prohibits them from acting in a way which is incompatible with the Convention rights as defined in section 1 of the HRA).
We can alsoinstitute or intervene in legal proceedings where the proceedings are relevant to any of our functions, subject to any limitations imposed under legislation or by rules of court.
Information that may be helpful to you
To be helpful, we would like to make you aware of the following research report that our Research team have published:
Developing the Children's Measurement Framework (CMF): Selecting the Indicators
Please find below a link to that report:
This report lookedintosome aspects of your requestnamely physical security and the maltreatment, abuse and neglect of children and young people. See specifically pages 28-29 of the report, which states that:-
- Percentage of children and young people in need of protection, with separate reporting for:
(a)those on child protection registers
(b)those on child protection registers who have been re-registered
(c)those on child protection registers who have been de-registered within less than six months, six months to a year, one year to two years, and more than two years
- Percentage of looked after children and young people who are placed in care because of abuse or neglect
- Percentage of looked after children and young people who are placed in care due to a Child Protection Measure
Please note: because the CMF hasn't yet been populated with data we don't have the statistics for the relevant measures at present.
We hope that you are satisfied with our response.
If you are dissatisfied with our response and wish to request an internal review, then please let me know by writing to the Corporate Communications Team at the address below. It would assist if in writing to us you set out which part of our response you are unhappy about.
During the independent internal review the handling of your information request will be reassessed afresh.
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 at:-
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Generally the ICO cannot provide a decision until you have exhausted the review process within the Equality and Human Rights Commission.
Yours sincerely
Sharon Patterson
Corporate Communications Officer
Equality and Human Rights Commission
3rd Floor
Lancaster House
67 Newhall Street
Birmingham
B3 1NA
Email:
Tel: 0121 234 7329
Fax: 0121 234 7312
Text Phone: 0845 604 6620