Abbotswood - Procedural framework for a Safeguarding response

Summary

The requester sought minutes, notes, and updated versions of a safeguarding framework for Abbotswood approved by the DHSC Executive Team. The authority disclosed the meeting minutes and notes but withheld the updated document citing exemptions related to ongoing criminal investigations.

Key Facts

• The DHSC Executive Team approved the Abbotswood Safeguarding Procedural Framework on 28 April 2020.
• Debbie Brayshaw and Cath Quilliam were responsible for developing the framework.
• The Chair of the Safeguarding Board confirmed they were happy with the framework.
• An external investigation was noted as not being required at the time of the meeting.
• The updated version of the document was withheld to protect an ongoing investigation that may lead to criminal proceedings.

Data Disclosed

• 2020-07-27
• 2020-08-25
• 28 April 2020
• 23/04/2020
• 12pm to 1pm
• 1387929
• 6 pages
• 3 documents
• section 31(1)(a)(i)
• section 31(2)(a)

Exemptions Cited

• Section 31(1)(a)(i) of the Act: Information obtained or recorded for the purposes of an investigation that the Department has a duty to conduct to ascertain whether a person should be charged with an offence.
• Section 31(2)(a) of the Act: Information obtained or recorded for the purposes of functions relating to an investigation that may lead to criminal proceedings.

Original Request

DHSC produced a document called "DHSC: Safeguarding: Procedural Framework 23/04/2020 - Abbotswood- Procedural framework for a Safeguarding response". This was approved by DHSC Executive Team on 28 April 2020 1. Please provide the minutes of the DHSC Executive Team meeting at which this document was approved. 2. Please provide any notes taken by any person present at that meeting. 3. Please provide any updated version of this document produced since that document was approved.

Data Tables (1)

Full Response Text

EXTRACT OF MINUTES OF EXECUTIVE TEAM MEETING

Tuesday 28th April 2020 at 12pm to 1pm MS Teams

Present: Kathryn Magson (KEM) Chief Executive Officer, DHSC (Chair)

Primrose Paula (PP)
Executive Director – Financial Advisory

Karen Malone (KM)

Deputy CEO (Governance)

Barbara Scott (BS)

Director of Infrastructure

Richard Wild (RW)

Director of GTS Henrietta Ewart (HE)
Director of Public Health Angela Murray (AM)
Chief Operating Officer Ginette Hattersley (GH) Deputy Chief Operating Officer Debbie Brayshaw (DB) Director of Children & Families Clare Conie (CC)

Director of LEaD Rosalind Ranson (RR)
Medical Director Cath Quilliam (CQ)

Director of Nursing

Minutes:

Minute Number

Item Action

1. Abbotswood

Safeguarding: DB & CQ have worked up a framework. Document on Teams for information. Confirmed that the Chair of the Safeguarding Board happy with it. SCMR referral held back. It has been prepared and will be done post investigation. Another meeting to take place with everyone relevant. All happy with this to date. Noted that external support not required at the moment.

Please note these minutes have not been checked.

1 of 4 | P a g e

Notes taken at the Executive Team Meeting held on 28th April 2020

Extract 1

Safeguarding: Cath & Debbie happy with framework

SW from children to help

Debs & Cath happy & will provide weekly update

Extract 2

Friday, KEM, KM, Angela, Cath R&I
Safeguard & Primary Care Debbie & Cath framework

Extract 3

Investigations RI }

SG } - Debbie & Cath agreed framework H/S } P Care } - Rosalind & Annmarie

Chief Executive: Kathryn Magson Freedom of Information Team Crookall House Demesne Road Douglas Isle of Man IM1 3QA (01624) 642621 dhsc@foi.gov.im Website: www.gov.im/dhsc Our ref: 1387929 19 August 2020 Dear ### We write further to your request which was received on 27 July 2020 and which states: "DHSC produced a document called "DHSC: Safeguarding: Procedural Framework 23/04/2020 - Abbotswood- Procedural framework for a Safeguarding response". This was approved by DHSC Executive Team on 28 April 2020. 1. Please provide the minutes of the DHSC Executive Team meeting at which this document was approved. 2. Please provide any notes taken by any person present at that meeting. 3. Please provide any updated version of this document produced since that document was approved." Our Response: 1. Please provide the minutes of the DHSC Executive Team meeting at which this document was approved. Please find attached an extract of the Minutes of the Executive Team Meeting dated 28th April 2020. 2. Please provide any notes taken by any person present at that meeting. Please find attached transcribed notes taken by those present at the meeting. For noting, not all attendees made notes.

1. Please provide any updated version of this document produced since that document was approved." While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure pursuant to section 31(1)(a)(i) an investigation that the Department of Health and Social Care (“the Department”) has a duty to conduct to ascertain whether a person should be charged with an offence and section 31(2)(a) of the Act as the information was obtained or recorded by the Department of Health and Social Care (“the Department”) for the purposes of its functions relating to an investigation, conducted by the Department, that in the circumstances may lead to criminal proceedings being instituted. As section 31(1)(a)(i) and 31(2)(a) are qualified exemption, they are subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large. Factors in favour of disclosure We recognise there is a general public interest in disclosure of information in the interests of openness, and fairness and which would facilitate the accountability and transparency of public authorities for decisions taken by them. We also recognise the public interest in providing this information may help build greater public confidence in our processes. The request concerns details of a document which contains details of the investigation approach in relation to Abbotswood. The care home has generated a lot of public interest with concern raised regarding the residents. There is therefore, an argument to be made that there is a strong public interest in the information. There is significant public interest served in disclosing information that increases the transparency of the decisions made by the Department, particularly in reference to a topic that is of such interest to members of the public. Specifically, in disclosing information held that confirms the Department has instructed an independent investigation would serve to promote openness and transparency of the position of the Department. Factors in favour of withholding There are other factors, however, which argue the case for public interest lying in not releasing the material that we hold, notably the likelihood of releasing the information would prejudice the ongoing investigation. It is vital that the investigation is independent and the release of information regarding the investigation process is kept confidential. Such release may have the effect of constraining the investigation process. The public interest in this instance is best served by the independent investigator conducting an independent investigation in confidence and the outcome of such investigation, the Health Minister has confirmed, will be made public.

In assessing the weight to be attributed to each of the factors in favour of disclosing the information and maintaining the exemption, the Department has taken the following into consideration: • The severity of the impact of the prejudice is significantly weighted towards maintaining the exemption to ensure the investigation is conducted independently without influence.
• The age of the information has been considered and as this is still an ongoing investigation; the Department maintains that the information should not be disclosed. • While disclosure would further the public interests identified above, the Department does not believe these factors outweigh the likely damage that could be caused following disclosure. • While disclosure would reassure the public that the Department has instructed an independent investigation, the Department does not feel this outweighs the factors of maintaining this exemption at this time, due to likelihood of interference with the ongoing investigation. The purpose of the exemption is to ensure an independent investigation is carried out without constraints. If the information is disclosed then it would be likely to cause the following: • Severely prejudice any ongoing investigations In taking all of these factors into account the Department determines that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 1387929 in any future communications.

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I will now close your request as of this date.

Yours sincerely