Dear Mr Watts,

			Data Access and Compliance Unit Postal Point 6.25 Floor 6 102 Petty France London SW1H 9AJ T 020 3334 5249 F 020 3334 2245 E Hannah.Wright@justice.gsi.gov.uk www.justice.gov.uk

	Mr J. Walker E-mail: [FOI #807 email]

	Our Ref: 60753		8 September 2009

Dear Mr Walker,

Freedom of Information request- Internal Review

I write in response to the Internal Review request you made on 6 August 2009 in relation to a Freedom of Information request asking for information on Common Purpose and Norwich Prison. Your case has been passed to me for investigation; I should explain to you that the purpose of the Internal Review is to assess how the Freedom of Information request was handled in the first instance and to determine whether the original decision was correct.

You asked the following:

What is your department's policy regarding allowing non-governmental bodies to use prison property and is it normal policy not to keep records?

What is the name of the governor who authorised this use of Norwich Prison by Common Purpose?

What job are they doing now?

What efforts have you made to contact them and get answers to the questions made in the original FOI request?

If efforts have not been made to contact them, why?

Who else in Norwich Prison knew about the use of these facilities by Common Purpose? Have you asked them the questions as set out in the original FOI request? If not, why not?

In the response that was sent out to you on 6 August 2009, you were informed that the Ministry of Justice did not hold information in relation to most of the questions you asked. For two of the questions, relating to the name of a prison governor, you were informed that the information was held by the Ministry of Justice but it could not be disclosed to you because it is exempt under section 40(2).

I have reassessed your case I have concluded that the original handling of your case was correct and in line with the Freedom of Information act. As per the original response, no information is held for questions 1, 4, 5 and 6.

I also found that the correct exemption had been applied to question 2 and 3. The information in relation to these questions is held, however, it is exempt under section 40 of the Freedom of Information Act. I have judged that the information you require is personal information and that the first condition of section 40(3) is met in the course of this request. Section 40(3) outlines conditions which, if satisfied, exempt personal information from disclosure under Freedom of Information. I have judged that one or more of the data protection principles would be breached by disclosing the data to you. I am, therefore, content that section 40 has been used to exempt the information from disclosure.

I am sorry that, on this occasion, I am unable to provide you with the information you have requested. I hope that I have provided you with an adequate explanation as to why it has not been possible. If you are dissatisfied with the findings of this review, you have a right to apply to the Information Commissioner. The address for the Information Commissioner is:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Internet: http://www.ico.gov.uk

Yours Sincerely,

Hannah Wright

Data Access & Compliance Unit