Dear Mr Tyes,

FREEDOM OF INFORMATION REQUEST - COMMUNITY PAYBACK

Thank you for your email of 25 November 2009 requesting for information relating to community sentences from the Ministry of Justice (MOJ). This group has been asked to respond as it has policy responsibility within the National Offender Management Service for Community Employment and Skills. You have asked for the following information:

Please could you break down the types of work as a percentage of the number of people undergoing community sentences by gender, age, race and disability for the most recent year for which figures are available?

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

Your letter refers to information relating to the types of work. I therefore assume you are referring to the Community Payback (the delivery of the sentence of Unpaid Work), rather than other possible requirements such as offending behaviour programme or drug rehabilitation.

The type of Community Payback work undertaken by offenders is monitored by the National Offender Management Service by means of a survey of the work undertaken in March each year. This provides a snapshot of the work being done in England and Wales. No data is centrally available concerning the different types of work done by female and male offenders of diverse ages and racial and ethnic origins. I regret that obtaining this information would also exceed the cost limit set under Section 12 of the Freedom of Information Act 2000.

Section 12 of the FOIA makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for central government is set at £600. This represents the estimated cost of one person spending 3.5 working days in determining whether the Department holds the information, locating, retrieving and extracting the information.

As your request is widely framed, I estimate that it will take us in excess of 3.5 working days to determine appropriate material within the scope of your request, and locate, retrieve and extract that information.

The gender, age, racial and ethnic origin of offenders undertaking Community Payback is routinely monitored by probation areas. No information is centrally available in relation to disability and to obtain this information would exceed the Central Government cost limit of £600 set under Section 12 of the Freedom of Information Act 2000.

However, outside the scope of the Act I can provide you the following information and attached spreadsheet (annexed A and B) which gives the ages, racial and ethnic origins of offenders sentenced to unpaid work requirements as at 31 March 2009. You will see these figures are differentiated by the type of order and by probation areas. On 31 March 2009 9.8% of people undertaking Community Payback were female.

The survey of Community Payback during March has been undertaken since 2006. This provides a picture of the broad types of work done by offenders. It is a requirement that Community Payback work benefits the community and is sufficiently demanding for individual offenders.

The pie chart below provides a breakdown by hours of the general categories of work done by offenders during March this year.

Last year over 100,000 offenders were sentenced to more than 11 million hours of Community Payback. It is estimated that the value of the work done, calculated at the national minimum wage, was £48.7 million. This provided substantial benefit to the community and enabled offenders to make reparation for the crimes.

Delivery of Community Payback by probation areas and other potential providers from the voluntary of private sectors is regulated by an operating manual, which contains mandatory elements and detailed guidance. This requires that the primary factor to be considered in allocation to work projects is the risk posed by the offender. When this is satisfied the genders, ages, racial and ethnic origins and potential vulnerabilities of offenders must be considered.

In accordance with the Disability Discrimination Act 1995 organisations responsible for the delivery of Community Payback must also ensure that work placements are available for offenders with disabilities. It is also a requirement that female offenders are allocated to work placements which take account of their needs. The particular needs of black and ethnic minority offenders are also considered when allocation decisions are made.

Community Payback is a punishment which is intended to be demanding for individuals, but offenders with different needs are allocated to different types of work. For example some female offenders and offenders with disabilities which restrict their ability to undertake strenuous physical work may be allocated to placements such as charity shops, where lighter work can be made available. This is done in order to ensure equality of treatment and outcome.

As part of our obligations under the FOIA, the MOJ has an independent review process. If you are dissatisfied with this response, you may write to request an independent review 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 e-mail to the Data Access and Compliance Unit within two months of the date of this letter, at the following address:

Ministry of Justice

Data Access and Compliance Unit

Information Directorate

6^th Floor (Post point 6.25)

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,

Julie Logue

Offender Employment,

Skills & Services Group