Articles in Category: Making Decisions

The Freedom of Information (FOI) Act

on Tuesday, 30 July 2013. Posted in Making Decisions

The Freedom of Information Act 2000, came into force in January 2005. The FOI gives an
individual the right to ask any public body for all the information they have on any subject
they choose. Also, unless there’s a good reason, the organisation must provide the information within a month. The individual can also ask for all the personal information that is held on them.

The Freedom of Information Act applies to all ‘public authorities’ including: government
departments, local authorities and councils, health trusts, hospitals and doctors’ surgeries,
schools, colleges and universities, publicly funded museums, the police and other non-departmental public bodies, committees and advisory bodies.

Any person can make a request for information under the Act – there are no restrictions on age, nationality, or where a person lives. A person can ask for any information at all - but some information might be withheld to protect various interests which are allowed for by the Act. If this is case, the public authority must tell the individual why they have withheld information. If an individual asks for information about themselves, then the request will be handled under the Data Protection Act instead of the Freedom of Information Act.

Requests can be sent in writing (or email) to the public authority that you think holds the
information you want. Public authorities must comply with the request promptly, and should provide the information within 20 working days (around a month). If they need more time, they must write and tell the individual when they will answer, and why they need more time.

Most requests are free. A small amount maybe requested for making photocopies or postage. If the public authority thinks that it will cost them more than £450 (or £600 for a request to central government) to find the information and prepare it for release, then they can turn down the request. They might ask the individual to narrow down their request by being more specific in the information they are looking for.

When a request is made, the individual may ask for the the information be given to them in a particular form. However, a public authority may take into account the cost of supplying the information in this form before complying with your request. The individual should be able to receive the information in a permanent or summary form or by permission to inspect records containing the information. The individual may also be able to receive it in Braille, audio format, large type or translated into another language.

If the request for information is refused, the individual should first ask the public authority for an internal review of their decision. Someone in the authority who was not connected with the initial decision should carry out this review. If you have already done this, or the public authority refuses to review their decision, an appeal can be made to the independent Information Commissioner. He has the power to investigate the way the public authority handled your request and the answer they gave. If he agrees that they have wrongly withheld information, he can order them to disclose it to the individual.

Further information contact:

Information Commissioner’s Office - Wales
2nd Floor, Churchill House
Churchill Way
Cardiff CF10 2HH
Tel: 029 2067 8400
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Web: www.ico.gov.uk

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Support for Carers in your area

  

Carers - More Information

Carers Hub

Carers Hub

Carers Hub

Throughout Cardiff there are many community Hubs where you can get a wide range of support and advice.

 

There is a Carers' specific Hub in the Vale as well that services carers from both counties

The Carers Trust are based there and you can get a wide range of information and support on issues that affect carers.

For more details look here

 

Financial Support

Financial Support

Carers and Pension

Caring for someone can have a devastating impact on Carers’ longer term pension and Carers need to be aware of their pensions as a result. To be eligible to receive a full basic State Pension, a person must have made a certain amount of National Insurance (NI) contributions towards it throughout their working life. If a person is unable to do this because they are caring for children or for a disabled, ill or frail adult, then the state will credit their contributions. However, this only happens if they claim the right benefits and take the right action.

For more information visit:

www.carersuk.org/Information/Caringforyourpension


For advice and information on all aspects of caring contact:

Carers UK’s Adviceline on:
freephone 0808 808 7777 (Wednesdays and Thursdays 10am-12pm and 2pm - 4pm) or
Email This email address is being protected from spambots. You need JavaScript enabled to view it.

Other financial support

Looking after Someone, a complete guide to carers’ rights and benefits, is available from:

Carers UK Tel: 020 7378 4999

Carers UK’s helpline - speak to an advisor for a full benefits check by ringing the

Helpline on 0808 808 7777

Age Cymru has a huge amount of information on financial support for older people.

Call their free helpline on 08000 223444 or visit
www.ageuk.org.uk/cymru/money-matters

The Pensions Advisory Service is an independent non-profit organisation that provides free information, advice and guidance on the whole spectrum of pensions, including state, company, personal and stakeholder schemes.

Call 0845 601 2923 or
visit www.pensionsadvisoryservice.org.uk

Directgov is an excellent online source of information on benefits and pensions

www.direct.gov.uk/pensions

Carers Direct also provides information on carers’ pensions and other aspects of caring:

www.nhs.uk/CarersDirect

Contact a Family Specialist Benefit Adviser

Tel: 0808 808 3555

Insight app - a great way to stay in touch and active

Insight app - a great way to stay in touch and active

The Innovate Trust has developed an easy to use app for you to download for free,

It allows families to keep in touch and their loved ones to participate in a wide range of activities and workshops

Legislation

Legislation

Disabled Persons (Services Consultation & Representation) Act 1986 section 8

This requires that, during an assessment of a disabled person, the ability of carers who provide substantial amount of care on a regular basis is taken into account.

Carers (Recognition and Services) Act 1995

This Act requires the social services authority (if so requested) to carry out a separate assessment of the carer (a “Carers’s assessment”) at the same time as it assesses the person for whom the care is provided.

The act applies both to adult and young carers regardless of the age of the person for whom they provide care.

It defines the carer as an individual who provides or intends to provide a substantial amount of care on a regular basis. For the purposes of the
Act the term carer includes people who may or may not be a relative, and who may or may not be living with the person for whom they are caring. The Act excludes volunteers who provide care as part of their work for voluntary organisations and anyone who is providing care by virtue of a contract of employment or any other contract. This would include anyone who is providing personal assistance for payment, either in cash or in kind.

Carers and Disabled Children Act 2000

This Act gives carers a ‘right’ to a carer’s assessment if they are aged over 16 years old and are providing or intending to provide regular and substantial care for someone aged over 18 years. Carers are entitled to an assessment even when the person they care for refuses to have an assessment or having had an assessment refuses to accept services.

It also includes the right for parents of children with disabilities to request an assessment

It provides the power to provide services for carers in their own right, following an assessment of their needs as well as the power to charge for those services.

The act introduced Direct Payments (i.e. cash instead of care) to parent carers, carers for their own services and young disabled people aged 16 and 17 years.

The Carers (Equal Opportunities) Act 2004

This places a duty on social care to inform carers of their right to request a carer’s assessment. It also gives the provision for a local authority to
ask another statutory authority or body (such as housing, health, education and other local authorities) to assist in planning the provision of services to carers or to provide services that may enhance the carer’s ability to provide care. The other authority must give the request due consideration.

In relation to work, training education and leisure the Act amends both the Carers (Recognition and Services) Act 1995 and the Carers and Disabled Children Act 2000 by ensuring that carer’s assessments must include consideration of whether carers work, or wish to work, and are undertaking or wish to undertake, education, training or any leisure activity.

Work and Families Act 2006

The Work and Families legislation came in 2006, and allows carers of adults the same right to request flexible working as carers of children. Employers do not have to agree to the request, but must make a good business case if refused.

The Children and Young Persons Act 2008

This requires local authorities to make adequate arrangements for short break provision for Disabled Children. In addition the Welsh Assembly Government has a range of powers to inspect, regulate and issue statutory guidance in respect of local authority services under the Local Authority Social Services Act 1970, the Care Standards Act 2000 and the Health and Social Care (Community Health and Standards) Act 2003. It also has powers to direct the NHS under the National Health Services (Wales) Act 2006.

Carers Strategies (Wales) Measure

In January 2012 the Carers Strategies (Wales) Measure 2010 came into force. This legislation places a duty on the Local Health Boards to lead on preparing and implementing a carer’s information and consultation strategy. For Cardiff and the Vale the lead health Board is the University Health Board (UHB) who working in partnership with several stakeholders including, Vale Council, Cardiff Council, Vale Council for Voluntary Services (VCVS), Cardiff’s
Third Sector Council (C3SC), Third Sector representatives, Carers representatives and additional UHB services have began this work. At current a working group made up of the above have helped the UHB produce a draft outline of the strategy and what will be included.

Strategies will:

  • set out how information and guidance will be provided to carers, that will assist them in carrying out their caring role effectively; and
  • set out how carers will be consulted and involved in decisions affecting them and those they care for.

LHBs are designated as the ‘lead authority’ in the Regulations. They will be required to lead the work to develop and implement the Strategies, working in partnership with Social Services.

‘Carers and their rights: the law relating to carers’, published by Carers UK by Professor Luke Clements.
www.carersuk.org/professionals/order-publications

This fifth edition includes updates based on a number of statutory and case law developments since the last edition, implementation of the Carers (Equal Opportunities) Act 2004 and the Work and Families Act 2006, the impact of the Equality Act 2010 and coincides with the first tangible impacts of the Carers Strategies (Wales) Measure 2010.

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