Data on child social care

Summary

The requester asked for data on complaints regarding inaccurate social worker reports and related legal actions over the last 24 months. The Department of Health and Social Care disclosed statistics on complaints but refused to provide data on refusals to correct reports, court usage of inaccurate reports, or disciplinary actions, citing that the information was not held or would require creating new data.

Key Facts

• There were 11 complaints in the last 24 months regarding reports alleged to be inaccurate, misleading, or unbalanced.
• Of the 11 complaints, 3 were concluded as upheld, 1 was partially upheld, 4 were not upheld, and 3 were pending.
• The authority refused to answer questions about refusals to correct reports or letters filed proving inaccuracies because it would require creating new information.
• The authority stated it does not hold data on how many inaccurate reports were used in court.
• The response was issued on 15th July 2019 by the Department of Health and Social Care.

Data Disclosed

• 11 complaints
• 3 upheld
• 1 partially upheld
• 4 not upheld
• 3 pending
• 24 months
• 2019-06-21
• 2019-07-15

Exemptions Cited

• Section 8(3) / Section 11(3)(b) - Requirement to create or derive information
• Section 11(3)(a) - Information not held or cannot be found after reasonable steps

Original Request

I wish to know under the FOI for the last 10 years to Dec 2019 - We refer to any written paper work compiled by social services or any person working on their behalf. Question 1: How many parents have in the last 24 month period have complained that social workers reports or statements are inaccurate, misleading or false or any words to the same effect. Question 2: How many times have social workers or managers refused to correct reports or statements? Question 3: How many times have social workers or managers said they would put letters on file proving reports are inaccurate? Question 4: How many of the said reports that are inaccurate, misleading or false have been used in court? Question 5: We have been told that notes of inaccuracies are added to the LA computer system. Should any notes of inaccurate, misleading or false statements or reports be applied on the LA's computer system does these full notes of inaccuracies show up if any other professional prints out or reads data. Do professionals show these notes to courts that the reports that they are giving the courts are proven to be inaccurate. Question 6: Are there any laws broken by making false reports and if so what? how many social workers have been caught making false reports?

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Chief Executive: Angela Murray Freedom of Information Team DHSC Crookall House Demesne Road Douglas IM1 3QA

(01624) 642621 dhsc@foi.gov.im Website: www.gov.im/dhsc

Our ref: 863365 15th July 2019

Dear ###

We write further to your request which was received on the 21st June 2019 and states:

I wish to know under the FOI for the last 10 years to Dec 2019 - We refer to any written paper work compiled by social services or any person working on their behalf. Question 1: How many parents have in the last 24 month period have complained that social workers reports or statements are inaccurate, misleading or false or any words to the same effect? Question 2: How many times have social workers or managers refused to correct reports or statements? Question 3: How many times have social workers or managers said they would put letters on file proving reports are inaccurate? Question 4: How many of the said reports that are inaccurate, misleading or false have been used in court? Question 5: We have been told that notes of inaccuracies are added to the LA computer system. Should any notes of inaccurate, misleading or false statements or reports be applied on the LA's computer system does these full notes of inaccuracies show up if any other professional prints out or reads data. Do professionals show these notes to courts that the reports that they are giving the courts are proven to be inaccurate?

Question 6: Are there any laws broken by making false reports and if so what? how many social workers have been caught making false reports? 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 some of the information that you have requested. I have detailed below the information that is held.

I wish to know under the FOI for the last 10 years to Dec 2019 - We refer to any written paper work compiled by social services or any person working on their behalf. Question 1: How many parents have in the last 24 month period have complained that social workers reports or statements are inaccurate, misleading or false or any words to the same effect? There have been 11 complaints over the last 24 months which related to information being alleged to have been inaccurate, misleading or presented in an unbalanced way.
3 have yet to come to a conclusion, 4 were not upheld, 3 upheld and 1 partially upheld. Question 2: How many times have social workers or managers refused to correct reports or statements? Complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act S11(3)(b)). While our aim is to provide information whenever possible, in this instance, complying with your request for information would require us to create or derive information from information that we hold. Question 3: How many times have social workers or managers said they would put letters on file proving reports are inaccurate? Complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act S11(3)(b)). While our aim is to provide information whenever possible, in this instance, complying with your request for information would require us to create or derive information from information that we hold.

Question 4: How many of the said reports that are inaccurate, misleading or false have been used in court? While our aim is to provide information whenever possible, in this instance Department of Health and Social Care (“the Department”) is unable to provide the information you have requested. This is in line with section 11(3)a of the Act, as a practical refusal reason applies; namely we do not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. Question 5: We have been told that notes of inaccuracies are added to the LA computer system. Should any notes of inaccurate, misleading or false statements or reports be applied on the LA's computer system does these full notes of inaccuracies show up if any other professional prints out or reads data. Do professionals show these notes to courts that the reports that they are giving the courts are proven to be inaccurate? The Division’s procedure for correcting inaccuracies that come to light is clear that the original recording is maintained and the correction added in red with the date of correction addition, reason for correction addition and who has made the addition so it is clear and obvious to anyone subsequently reading the record what has been amended, when, why and by whom. This would be clear on any printed copies made of that report or document. Question 6: Are there any laws broken by making false reports and if so what? how many social workers have been caught making false reports? If this question relates to reports in a Court process it is illegal to wilfully make false statements in/to a Court. Such conduct would likely be subject to criminal investigation as a potential act of perjury.
During a Court process the parties have opportunity to challenge what they consider to be inaccurate information and if necessary the Court can make a finding regarding the veracity of specific information presented. The Data Protection Act 2018 requires that information processed by Data Controllers must be ‘accurate’ therefore to create a false report and process that would be a violation of that requirement.
It would also be contrary to the Standards of Proficiency for social work registrants (Health & Care Professions Council), standard 10 being: “be able to maintain records appropriately; 10.1 be able to keep accurate, comprehensive and comprehensible records in accordance with applicable legislation, protocols and guidance; 10.2 recognise the need to manage records and all other information in accordance with applicable legislation, protocols and guidelines.” Deliberate significant breaches of these standards would call into question a social workers registration which following due process may lead to them losing registration and them being prevented from

practicing as a social worker. If, as an employer, we became aware of significant recording violations - such as creation of false reports - alongside internal investigations this would be reported to the workers registering body (e.g. HCPC) for investigation regarding their fitness to practice. The British Association of Social Workers Code of Ethics include this relevant statement: “11 Maintaining clear and accurate records – Social workers should maintain clear, impartial and accurate records and provision of evidence to support professional judgements. They should record only relevant matters and specify the source of information.”
The requestor may wish to read the Independent Tynwald ordered investigation into allegations relating to the management of case files and relationships with service users in the Department of Health and Social Care, Children & Family Services by using the link below. http://www.tynwald.org.im/business/opqp/sittings/Tynwald%202016201 8/2017-GD-0053.pdf Please quote the reference number 863365 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.

Yours sincerely