How can I obtain information about Prison Servicve Policies and Procedures?

The Freedom of Information Act came into force in January 2005 and is designed to open up the inner workings of public authorities to the citizen. The Freedom of Information Act (FoIA) complements the Data Protection Act 1998 in that it provides access to non personal information, whereas the Data Protection only provides access to personal information. Data available under the FoIA includes organisational policies and procedures, statistics, and financial information.

The Department within the HMP which deals with FoIA requests is the Open Government Unit (OGU) Room 410, Abell House, John Islip Street, London, SW1P 4LH. The relevant Prison Service Order covering the FoIA is PSO 9020 which also covers the Data Protection Act. You can request any information you want and you should get a reply within 20 days.

Both the Data Protection Act and the FoIA presume transparency and although there are exceptions (e.g. for security reasons) you should get the information you ask providing its is available. Under the FoIA every public authority has to publish a 'publication scheme' which list all the information which is readily available. You can obtain a copy of this from the Open Government Unit. If the information you want is not on the list you can still ask for it. All you need to do is explain simply and accurately what information you need.

The Home Office Publication Scheme was approved by the Information Commissioner who is an independent official appointed by the Crown to oversee the Data Protection Act 1998, and the Freedom of Information Act 2000. The scheme lists the type of information which it is anticipated there will be a demand for. Providing that the data is available and not unduly expensive to collate there will normally be no charge for providing it. If there is you will be advised of this in advance.

Prisoners have the same rights of access to information under the FoIA as anyone else. Every prison should have an Information Access Representative (IAR) whose job it is to deal with routine local requests for information. The  Prison Service Order 9020 states that all non personal information is disclosable unless expressly exempted and that such information is 'blind' to protective markings.

If you are refused information ask for written reasons why you have been refused. If you consider that the information ought to have been provided write to the Information Commissioner Wycliff House, Water Lane, Wimslow, Cheshire SK9 5AF. If you reside in Northern Ireland  Scotland, or Wales you will need contact your regional office which are located in Belfast, Edinburgh and Cardiff.

What can you ask for?
Policy Documents: Prison Service Orders, Governors Instructions, Local Rules, Courses etc
Operational: Types of Prisons, Staffing, Workshops, Library, Educational Resources etc
Routines: Lockups, Visits, Possessions etc
Facilities: Canteen, Telephones, Newsagents, Approved Suppliers etc

You can also ask for details about budgets, tendering costs, profits etc. If are involved in a dispute about a particular matter you can ask for information relating to it.

If you are appealing your conviction the FoIA may help you gain useful information from the police, local authorities, hospitals, care homes, regulatory bodies and investigative agencies.

If you do not write directly to OGU you can make a wing application and it will be forwarded for you. If you are seeking information from an outside body such as the police, probation, local authority etc send you letter to their headquarters marked for the attention of Freedom of Information Compliance Officer. Any obstruction to your request is an offence under the FoIA and should be reported to the Information Commissioner.

For other information about the Data Protection ACt (here) and Freedom of Information ACT (here)

Note: We are grateful to Paul Sullivan for this information. If you have experience of using the Freedom of Information Act or the Data Protection Act we would like to hear from you. Your experience might just help someone else prove their innocence.