Convictions

Dear Ms Bickley,

Please find attached your acknowledgement to your Freedom of Information
request.

Yours sincerely

Hannah Law

(sent on behalf of Amrit Lotay)

Data Access & Compliance Unit

Postal Point 6.25, Zone B

102 Petty France

London SW1H 9AJ

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.

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[1]Picture (Metafile) National Offender Management Service
HR Directorate
Room 411, Cleland House
Page Street
London
SW1P 4LN

Direct Tel: 0207 217 6127
Facsimile: 0207 217 6501

E-mail Enquiries
[email address]

Sandra Bickley

Email: [2][FOI #17154 email]

17 September 2009
Our Ref: FOI 60893
Dear Ms Bickley

Freedom of Information Request

Thank you for your email of 19 August 2009 in which you asked for the
following information from the Ministry of Justice (MoJ):

"How many serving prison officers in the Prison Service, have been
convicted of:

1) Fraud and deception related offences,

2) Violent offences including assault,

3) Drug related offences,

4) Sexual offences,

5) Racial, religious or homophobic offences,

6) Theft"

Your request has been passed to me because I have responsibility for
answering requests which relate to staff conduct and discipline matters
within the National Offender Management Service (NOMS) and has been
handled under the Freedom of Information Act 2000 (FOIA).

I am sorry to inform you that in order for the Ministry of Justice to
answer your entire request for information, the cost limit for Freedom of
Information requests would be exceeded. 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.

In the National Offender Management Service (NOMS) there is no formal
requirement to maintain a central database of staff with criminal
convictions. Instead, information about criminal convictions may be
recorded on an employee's personal file. The Service currently employs in
excess of 50,000 staff and, in order to answer your request for
information, we would have to recall and review the personal files of all
serving prison officers, research the information and retrieve details of
all criminal convictions. This would exceed the appropriate limit set out
for central government, as explained previously. Although your request
would at present be too costly to answer, if you refine it so that it
falls under the cost limit we will consider it further.

It may be helpful if I explain that all staff working in the public sector
Prison Service are exempt from the Rehabilitation of Offenders Act and are
asked to provide details about criminal convictions, cautions and
reprimands (including those that are spent) on their application or
vetting form. Previous criminal convictions, including those leading to a
prison sentence or formal caution, are not an automatic disbar to
employment and each case is considered on its individual merits.
Information obtained during the recruitment and vetting processes for
successful applicants would be recorded on the individual's personal file.

All NOMS staff are expected to meet high standards of professional and
personal conduct. If staff are convicted of serious criminal convictions,
such as those included in your request, then depending on the individual
circumstances of the case, this would fall under the category of gross
misconduct and would invariably lead to their summary dismissal from
Service without the need for a full disciplinary hearing.

I should also explain, in relation to any future requests, that
responsibility for all aspects of the disciplinary process in NOMS is
devolved to management at a local level. All staff are required to notify
their line management if they are convicted of a criminal offence whilst
in service and, depending on the circumstances of the case, disciplinary
proceedings may be instigated. There is no requirement to formally notify
NOMS Headquarters when a member of staff receives a criminal conviction.
Instead, establishments are required to notify Headquarters once the
outcome of the internal disciplinary proceedings has been determined.

Information relating to the outcome of formal disciplinary cases at public
sector prisons is collected centrally in order to aid consistency in
decision-making, rather than as a complete record of all disciplinary
cases. Whilst the central databases contain information about prison
officers who have received formal disciplinary penalties following receipt
of criminal convictions, the reasons for the conviction are not reported
in every case.

Although your request would at present be too costly to answer, if you
refine it so that it falls under the cost limit we will consider it
further. You may wish to consider narrowing the scope of your request to
a specific timeframe and/or establishment for example.

I am sorry that on this occasion we have not been able to provide you with
the information you have requested. 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
Postal Point 6.25
102 Petty France
London
SW1H 9AJ

e-mail: [3][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: [4]https://www.ico.gov.uk/Global/contact_us...

Yours sincerely

Tracy Phelan
NOMS HR Directorate

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
2. mailto:[FOI #17154 email]
3. mailto:[email address]
4. https://www.ico.gov.uk/Global/contact_us...

Dear Ms Bickley,

Thank you for your email dated 30th September 2009, please see that
attached letter in relation to your freedom of information request.

Regards

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.

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Dear Ms Bickley,

Please see attached FOI/ 61461 response

<<FOI 61461 Sandra Bickley.DOC>>

Kind Regards
HR Admin Team

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear Ms Bickley,

Thank you for your email dated 24th October 2009, please see the
attached letter in relation to your freedom of information request.

Regards

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.

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No I have not, and please can you provide a reference number.

Thanks

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Sandra,

The reference number was on the letter that was sent to you, this will
help narrow down your request so I can pass your email to the relevant
caseworker.

Thanks

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<<FOI 61838 Sandra Bickley.DOC>>

Please find attached our response to your request for Information.
Regards

Paul Hunt | Casework Officer
Data Access & Compliance Unit | Ministry of Justice | 6.25, 102 Petty
France | 020 3334 3249

This e-mail (and any attachment) is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message could be
intercepted and read by someone else. Please bear that in mind when
deciding whether to send material in response to this message by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be read
at any time. You have a responsibility to ensure laws are not broken when
composing or forwarding e-mails and their contents.

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear Ms Bickley,

Thank you for your email dated 23rd November 2009, please see the
attached letter in relation to your freedom of information request.

Regards

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.

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<<FOI 62294 Sandra Bickley.DOC>>
Dear Ms Bickley

Please find attached our response to your request for information.
 
Regards
 
Paul Hunt | Casework Officer
Data Access & Compliance Unit | Information Access Division | Ministry of
Justice

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.