instructions to court staff not to comment on FWA with ALS

The request was refused by HM Courts and Tribunals Service.

Dear Her Majesty’s Courts and the Tribunals Service,

Are you able to comment on reports that court staff - for example, ushers, clerks, list office and admin staff - have been instructed by their managers to refrain from voicing their opinions of the Framework Agreement between MOJ and ALS/Capita? I have personally asked this question of staff members at court and been met with a sardonic "no comment", sometimes followed by a sigh of exasperation. It is as though they would love to offer their opinions but are afraid to do so, as though they have been effectively silenced. What would be your opinion of the ethics of such stifling, were it shown to have actually happened? Is it right, or even legal, for employees to be told what they can and cannot say?

Yours faithfully,
John McCarthy

john mccarthy

Data Access & Compliance Unit, HM Courts and Tribunals Service

Dear John,

Thank you for your e-mail, I am writing to advise you that your enquiry does not fall under the Freedom of Information regime and will be treated by the department as Official Correspondence.

It may be helpful if I explain that the Freedom of Information Act (2000) gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the Act states that in order for a request for information to be handled as a Freedom of Information (FOI) request, it must be for recorded information. For example, a Freedom of Information request would be for a copy of a policy, rather than an explanation as to why we have that policy in place. On occasion, the Ministry of Justice receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.

Since you are asking for Clarafication if court staff can comment on the Framework Agreement between MOJ and ALS/Capita? this will be dealt with as Official Correspondence and you can expect a response from the appropriate area of the department.

If you do have any questions relating specifically to the Freedom of Information or Data Protection Act, please contact the Data Access and Compliance Unit at the following e-mail address: [HMCTS request email]

Many Thanks

Laura Benson
Data Access and Compliance Unit

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Interpretation Project, HM Courts and Tribunals Service

2 Attachments

Mr McCarthy,

 

Please find attached a response to your email on language services in the
justice sector, with annex.

 

Yours sincerely,

 

Interpretation Project

 

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