Kensington arts

Summary

The requester asked for details on inclusivity for disabled children at Kensington Arts and copies of any equality impact assessments. The Department of Education, Sport and Culture confirmed that no such assessments exist for the service, and the internal review upheld the refusal to provide them.

Key Facts

• The request concerned inclusivity measures for children with physical or learning disabilities at Kensington Arts.
• The Department conducted a reasonable search but found no equality impact assessment or similar document for the service.
• The internal review concluded that the complaint was not upheld.
• The requester was advised to contact the Department directly outside the FOI process for further discussion.
• The outcome date for the review was 27 January 2025.

Data Disclosed

• 2024-12-10
• 2024-12-18
• 2024-12-19
• 2025-01-27
• 4310249
• 5
• 2
• 01624 685808

Original Request

Following the recent press in relation to Kensington arts please provide details of how classes operated are inclusive to those children with a physical or learning disability. In line with the equality act public sector duty please provide copies of any equality impact assessments undertaken for the service that demonstrate the due regard the department must undertake to advance the equality of opportunity for disabled children

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Policy, Strategy & Governance Division Department of Education, Sport and Culture Thie Slieau Whallian Foxdale Road St Johns IM4 3AS

Telephone: (01624) 685808 Website: www.gov.im/dec Email: dec@foi.gov.im

Our ref: 4310249 27th January 2025

Dear ###,

Information requested by: ###

Summary of Process 1. Request received: 10th December 2024 2. Response sent: 18th December 2024 2. Review requested: 19th December 2024

Review of Response

In your communication to Department of Education, Sport and Culture dated 19 December 2024, you raised the following issues:

Internal Review Request:

“Dear Sirs
You have provided a response that's inadequate for the request. An accessibility statement for the venue does not demonstrate the departments obligations under the public sector equality duty(https://www.gov.im/about-the-government/equality/public- sector-equality-duty/)

Therefore i request the equality impact assessment or similar demonstrative method as to how Kensington arts and the services (classes and activities) meet the needs of disabled students for participation and what support is offered in order for such children (specifically those with disabilities ) to participate”

Original Request:

“Following the recent press in relation to Kensington arts please provide details of how classes operated are inclusive to those children with a physical or learning disability.

In line with the equality act public sector duty please provide copies of any equality impact assessments undertaken for the service that demonstrate the due regard the

department must undertake to advance the equality of opportunity for disabled children”
Statutory Considerations 1. Did the public authority respond to your request within the required timescales? 2. Did the public authority provide the information requested? 3. Did the public authority conduct a reasonable search for the information? 4. If the public authority did not provide the information because of the application of a practical refusal reason, was the refusal clear? 5. If the public authority applied an exemption was it correct and was it explained? 6. Did the public authority offer appropriate advice and assistance? 7. Did the public authority advise you of the internal review process and your right of appeal to the Information Commissioner?

Outcomes 1. Yes the public authority answered your request within the statutory time limit. 2. No, the public authority did not provide the information requested and did not seek further clarification from you of what was required. 3. Yes, the public authority did conduct a reasonable search for the information. 4. The application of a practical refusal reason was clear. 5. No exemption was necessary. 6. Yes the public authority did offer appropriate advice. 7. Yes the public authority did advise you of the internal review process and your right of appeal to the Information Commissioner.

Specific Issues you raised

You have stated that you find the response provided inadequate and requested the equality impact assessment or similar demonstrative method as to how Kensington Arts and the services (classes and activities) meet the needs of disabled students for participation and what support is offered in order for such children (specifically those with disabilities) to participate.

The internal review has concluded that following a reasonable search, an equality impact assessment or similar demonstrative method is not held for Kensington Arts services (classes and activities).

Your dissatisfaction with this situation is noted and it is suggested that you may wish to contact the Department outside of the Freedom of Information process. You can contact the Department via email admin.desc@gov.im

Decision

The final decision of this review is that it does not uphold your complaint.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on;

1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or
2. Whether we are justified in refusing to give you the information requested.
   In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

Yours sincerely

Legislation, Policy and Research Manager

Policy, Strategy and Governance Division Department of Education, Sport and Culture Thie Slieau Whallian Foxdale Road St Johns IM4 3AS

Telephone: (01624) 685808 Website: www.gov.im/dec Email: dec@foi.gov.im

Our ref: 4310249 18 December 2024

Dear ###,

We write further to your request received 10 December 2024, which states:

"Dear sirs

Following the recent press in relation to Kensington arts please provide details of how classes operated are inclusive to those children with a physical or learning disability.

In line with the equality act public sector duty please provide copies of any equality impact assessments undertaken for the service that demonstrate the due regard the department must undertake to advance the equality of opportunity for disabled children"

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested.

By way of advice and assistance please see the following weblink to the Kensington Arts Accessibility Statement - https://www.kensingtonarts.im/about-us/accessibility- statement/

Please quote the reference number 4310249 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are

dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.