Dear Mr Adams
Thank you for your e-mail of 11 March 2104 requesting an internal review of a response to your earlier question. You asked:
In answer to my FOI request your reply was …."As ATOS staff are not directly employed by DWP, I can confirm that we do not have the figures you are requesting relating disciplinary procedures taken against ATOS staff".
Claimants are required by the DWP to provide Atos with personal and sensitive information and Atos are employed by the DWP for this reason. The DWP have a duty to ensure that this information is safe. If you are not aware of the figures as requested in the FOI request then such safeguards can not be achieved. If you do not hold the information then you are required to access it from the people you employ. Please provide the information as requested.
This case has been escalated to me to conduct the review.In line with the guidance on handling review requests I have considered your request afresh and weighed up the all the circumstances and reached a decision.
In your original request you quoted an article in The Telegraph which reported information about the number of DWP staff that received verbal warnings, written warnings and final written warnings in the past 5 years. You asked for:
“related figures for ATOS employees in the past 5 years and the disciplinary procedures taken with regards to a) inappropriate access or browsing or personal/customer records b) inappropriate use of the web, c) sending of inappropriate emails and accessing pornographic content.
The Freedom of Information Act (FOI) provides to the public a general right of access to information held by public authorities. ATOS is a private company which currently provides services to government departments under a range of contracts. ATOS does not operate exclusively in the public sector and it is not a public authority.
There are circumstances where the FOI may apply to information held by another body on behalf of a public authority. In this instance you did not limit your request to information in respect of ATOS employees working on contracts awarded by the Department for Work and Pensions (DWP). Also, the nature of the information you have requested relates to disciplinary sanctions taken by ATOS. This information relates specifically to ATOS personnel and is not held by them on behalf of DWP and it is not reported to DWP. DWP therefore does not hold the information you have requested.
Taking all of these considerations into account I have concluded that the information you have requested is not covered by the FOI Act because a) ATOS is not a public authority b) ATOS does not hold the requested information on behalf of DWP; and c) DWP does not hold the information.
I have therefore decided that the original decision should be upheld.
If you have any queries about this letter please contact us quoting the reference number above.
Yours Sincerely,
DWP HR Central Freedom of Information Team
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Your right to complain under the Freedom of Information Act
If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF
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