From: [log in to unmask]
To: [log in to unmask]
CC: [log in to unmask]
Date: Fri, 22 Aug 2008 14:18:55 +0100
Subject: Stage 2 complaint and FOIA response
Dear Mr Revell
Please find attached a response to your Stage 2 Complaint and Freedom of Information Act request.
(I have included attached letter in plain text below)
Please inform me if you would like me to also print a copy of the response and post it to your home address.
With Kind Regards
Knowledge Officer
Equality & Human Rights Commission
Equality and Human Rights Commission
3rd Floor Lancaster House
67 Newhall Street
B3 1NA
Telephone: 0845 604 6610
Fax: 0845 604 6630
Text Phone: 0845 604 6620
Attached letter:-
Mr Colin Revell
Email Address: [log in to unmask]
21.08.08
Dear Mr Revell,
Subject: Complaint and Freedom of Information Act (FOIA) request dated 28 July 2008
We refer to your email dated 28 July which was acknowledged on the same day.
Freedom of Information Act request
You made a FOIA request in your email asking how the decision not to continue the Neuro Diverse and Autism Action Group (NAAG) was made. You specifically asked for the EHRC to inform you how this decision was made without any consultation and involvement of anyone within NAAG and who within the EHRC made this decision. You also asked if the Mental Health Action Group and Learning Disability Action Group were also consulted and involved in this decision.
The question of reconvening impairment specific action groups has been a subject of discussion by the Disability Committee which was not minded to continue with Action Groups, but to focus on issues rather than specific impairments.
Please see the relevant extract below from the minutes of a Disability Committee meeting which took place on 19th November 2007
‘Agenda Item 9 - Any other business
EHRC/DC2/9.2 A question was put about involving groups of disabled stakeholders with a particular impairment, e.g. the Action Groups of the Disability Rights Commission. The Chair replied that her thinking was that the work of the Committee would focus around issues rather than particular impairments.’
End of extract.
The above question has not been the subject of a specific consultation, although as you know NAAG was invited to write a report to the DRC with recommendations on how to proceed. For the reasons given below the EHRC has not adopted all the recommendations of that report, and in particular we have not adopted the recommendation to continue support to the Neuro Diverse and Autism Action Group; the DRC’s Mental Health Action Group and Learning Disability Action Group were, also, not consulted on this matter.
This is owing to the fact the EHRC is operating in a different context from the DRC, as the EHRC’s work covers all equality grounds as well as disability, and it would not be sustainable to maintain groups for all specific interests within those equality grounds
We hope that this has answered your request fully.
If you are not content with the outcome you may apply directly to the Information Commissioner's Office (ICO) at:-
The Information Commissioner's Office:
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Generally the ICO cannot provide a decision until you have exhausted the review process within the Equality and Human Rights Commission
If the Commission can be of any further assistance please contact it on the details below.
Stage 2 Complaint
You also asked in your email dated 28 July for your “complaint” to be progressed to Stage 2 of the EHRC’s complaints procedure.
Whilst the EHRC’s complaints policy does not cover comments, such as those you have made about action groups and their ongoing involvement, we have reviewed your Stage 1 complaint response by email from the EHRC dated 28th July and would respond as follows:
To date we have not been in a position to reconvene the impairment-specific action groups, including the Neuro Diverse and Autism group. It is unlikely that we will proceed in this way but we are still formulating our approach to engaging with stakeholders.
As indicated in the Stage 1 complaint response you received, and noted above, the EHRC is operating in a different context from the DRC as the EHRC’s work covers all equality grounds as well as disability, and it would not be sustainable to maintain groups for all specific interests within those equality grounds.
However, if the members of the Neuro Diverse and Autism Action Group decided to meet independently of the EHRC we would be happy to engage with you or a nominated person from the group when the Commission wishes to undertake consultation with the group.
We hope that these responses have satisfied your queries. If you remain dissatisfied you may raise this matter with the Parliamentary and Health Service Ombudsman through your local MP
The address is:
Parliamentary and Health Service Ombudsman
Milbank Tower
Milbank
London
SW1P 4QP
Telephone/ fax: 0207 217 4000
Yours sincerely,
Thelma Stober
Director of Corporate Law and Governance
Equality & Human Rights Commission
_________________________________________________________________
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