Dear Mr Moore,

Freedom of Information Request

Thank you for your e-mail dated 13 May 2010 in which you requested the following information from the Ministry of Justice (MoJ):

I would like the following defined:

"Risk of emotional harm"
"Risk of significant emotional harm"
"Risk of emotional abuse"
"Risk of significant emotional abuse"

Your request has been handled under the Freedom of Information Act 2000 (FOIA).

From our preliminary assessment, it is still clear that we will not be able to answer your request without further clarification. Under section 1(3) of the Freedom of Information Act (FOIA), a public authority need not comply with a request unless any further information reasonably required to locate the information is supplied.

We are unclear as to the exact scope of the information in which you are interested? This is because your clarification that you want to know what the above phrases 'mean in legal sense' seems like a request for legal advice and/or, an opinion from the Ministry of Justice.

I have to advise that the Freedom of Information Act does not give requesters a right to an opinion on this issue, or legal advice, on whether the above concepts have been, or are being correctly interpreted, or applied by any particular authority.

As you were advised the Freedom of Information provides a right to recorded information only. The Act gives you a general right of access to all recorded information held by public authorities that are subject to the Act. Recorded information can be held in the form of documents, emails, notes, letters, meeting minutes, research, reports, videos, audio tapes, etc.

In order to help us ensure that we provide you with the right information, I would be grateful if you could clarify the following please, thank you. That you want any documents held by the Ministry of Justice that explains the concept of emotional/ significant harm that allows an order to be made to take a child into care.

The MoJ can investigate what information, if any, is held relating to this issue, and provide such information subject to any exemptions that may apply.

It will be investigated if any documents, are held of relevance that can be provided within the section 12 time and cost limit of three and a half days or £600.

I have to advise we will not be able to comment on how they are, or should be, applied in a `statutory setting to arrive at a lawful conclusion' because that is as explained above beyond the scope of the Freedom of Information Act.

If you are not satisfied with a review response you have further right of complaint to the Information Commissioner, who can be contacted at the following address:

Information Commissioner Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

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

I hope you have found this response useful.

Yours sincerely

Carl Pencil

FOI Appeals Adviser

Internal Review Team

Data Access & Compliance Unit

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