Dear Francis Bacon

Request for information

Thank you for your email of 22 October 2009, in which you asked for the following information from the Ministry of Justice (MoJ).

I would like to make a Freedom of Information request following up
my request ref. 61102.
    
     For each of the questions included in the Race Equality Action
     Group Quarterly Questionnaire I would like to have the most recent
     responses for each establishment.
    
     For the following sections please also include as much historical
     data as is allowed under the cost limit:
     * 4. Racist Incidents (all sub-questions)
     * 5. Training (just 5.1, 5.2 and 5.3)

Your request has been passed to me because I have responsibility for answering requests which relate to the Race & Equalities Action Group within NOMS and has been handled under the Freedom of Information Act 2000 (FOIA).

I can confirm that the department holds information within the scope of your request. Please find attached spreadsheet (`FOI-61814_QQInfo') containing the information requested. Information is presented in 4 separate worksheets:

2009 Q2 Questions - List of questions contained for reference

2009 Q2 Data - Most recent responses for each establishment

Racist Incidents - Historical Responses for section 4 Racist Incidents, by establishment, from Quarter 3 2008-09 (1 October - 31 December)

Training - Responses for section 5 Training , by establishment, from Quarter 3 2008-09 (1 October - 31 December)

We have a duty to screen the information we release to ensure that personal information is appropriately protected and therefore the following questions have been exempted under section 40 of FOIA (personal information): 4.1 viii, 4.5 iv, 4.8 i, 4.8 ii, 5.5 vii, 6.1 x, 6.1 xi and 6.1 xii.

Section 40(2) of the FOIA states that personal data relating to third parties (i.e. a party other than the person requesting the information) is exempt information if one of the conditions in Section 40(3) is satisfied. It is my view that disclosure of this information would breach one or more of the Data Protection Principles in the Data Protection Act 1998 (DPA). For example, disclosure would breach the fair processing principle, as it would be unfair on the person who the personal data relates to, and they have a reasonable expectation that the Department would hold that information in confidence.

You will notice that each of the omitted questions invites a free text response from establishments to record for example, a description of a particular incident, relationship or about the parties involved (including members of staff and prisoners). The release of this information may identify a prisoner or member of staff.

As part of our obligations under the FOIA, the Ministry of Justice has an independent review process. If you are dissatisfied with this decision, you may write to request an internal review. The internal review will be carried out by someone who did not make the original decision, and they will re-assess how the Department handled the original request.

If you wish to request an internal review, please write or send an email to the Data Access and Compliance Unit within two months of the date of this letter, at the following address:

Data Access and Compliance Unit

Information Directorate

Ministry of Justice

6^th Floor, Zone B

Post point 6.23

102 Petty France

London

SW1H 9AJ

e-mail: [email address]

If you remain dissatisfied after an internal review decision, you have the right to apply to the Information Commissioner's Office under Section 50 of the FOIA. You can contact the Information Commissioner's Office at the following address:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Internet: https://www.ico.gov.uk/Global/contact_us.aspx

Yours sincerely

Matt Wotton

The National Offender Management Service: an agency of the Ministry of Justice Protecting the Public and Reducing Re-offending by Delivering Probation and Prison Services