Assessment Manual
Part 5
4. Early Decisions – Outside Jurisdiction
4.1 Outside Jurisdiction with no discretion
These should be closed using one of the following decision reasons:
Not in jurisdiction (OJ) & no discretion |
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s26(1) Not an admin function of authority |
s26(7) all or most |
s27(1) not by member of the public |
sch 5.1 court proceedings |
sch 5.2 police authority & crime |
sch 5.3 commercial & contractual |
sch 5.4 personnel * |
sch 5.5 internal man schools |
sch 5.5A/5.5B Social housing landlord |
sch 5.6 New Town not housing |
sch 5.7/5.8 UDC/HCA not planning |
Part 3A decisions:
Not in jurisdiction (OJ) & no discretion |
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function OJ (not a regulated social care activity) |
provider OJ (not adult social care provider under s34A(3) definition) |
s5A.2 Could be investigated by PHSO |
s5A.3 Court proceedings |
s5A.4 Personnel* |
* For whistle-blower (see 5.1 beow) and other Schedule 5.4 and 5A.4 closures:
- Write the final decision and send it only to the complainant – there is a template in ECHO;
- Mark the publication screen as ‘not for publication’ (AM approval is not required);
- Tell the complainant we will not publish the final decision, and that we have not sent our decision, details of the complaint, or the complainant’s personal details to the BinJ;
- Send a decision letter to the BinJ telling it 1) we received a complaint about a personnel matter; 2) we are not investigating it; 3) we do not disclose details of these complaints; and 4) we are telling them so their complaint numbers tally with ours. There is a template in ECHO. Remember to remove the PA details from the email to the BinJ covering the decision letter.
- Do not send anything to a Part 3A BinJ as there is a greater likelihood of identifying the PA and we do not provide statistics they might want to reconcile.
(Note that it is the closure reason that determines our approach, not the complaint’s category or sub-category.)
4.2 Outside Jurisdiction – Discretion not exercised
These cases should be closed using one of the following decision reasons:
Not in jurisdiction (OJ) & discretion not exercised |
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s26B(2) not made in 12 months |
s26(6)(a) tribunal ICO FOIA only |
s26(6)(a) tribunal SENDIST |
s26(6)(a) tribunal HB |
s26(6)(a) tribunal TPT/PATAS |
s26(6)(a) tribunal IAP |
s26(6)(a) tribunal other |
s26(6)(b) appeal to minister |
s26(6)(c) court remedy |
s26A Not a suitable person or representative* |
Part 3A decisions:
Not in jurisdiction (OJ) & discretion not exercised |
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s34D(1)(b) complaint not made within 12 months |
S34C Not a suitable person or representative* |
Action complained of occurred exclusively before 1/10/2010 (before start of service) |
* Only applies where the PA cannot give us written consent; issue but do not publish a decision statement
ECHO instruction - OJ Early Decisions
Covers Decision, Publication and Closure