Internal review report
Internal review of response to request under the Freedom of Information (FoI) Act 2000 by Ms. J. Cassidy (reference 11677)
Responding Unit: Security and Anti Corruption Unit - UK Border Agency
Chronology
Original FoI request: 15 April 2009
Acknowledgement: 16 April 2009
Request for internal review: 15 May 2009
Responding Unit response: 5 June 2009
Request for internal review: 5 June 2009
ICO letter received: 11 November 2009
Subject of request and the response by the Security and Anti Corruption Unit (SACU) UK Border Agency.
1. Ms. J. Cassidy by virtue of the whatdotheyknow website asked for information on the security clearance procedures of social workers co-located with UK Border Agency staff on UK Border Agency premises. This request was in the form of a number of questions on security clearance and a request for a copy of the forms used and any internal guidance on this issue. The full response is set out in the Annex at the end of this report along with the UK Border Agency response.
2. This internal review considers only whether UKBA responded adequately and within the terms of the FoI Act to Ms. Cassidy’s FoI request. It is not within the scope of the review to consider UKBA procedures for the security clearance of social workers or others on the UKBA estate.
Ms. Cassidy’s request for an internal review
3. Ms. Cassidy asked for an internal review of the UKBA response in an e-mail of 15 May 2009 in that the Department had failed to meet the statutory deadline for responding to his FoI request and on the 5 June 2009 in that the UKBA response had failed to confirm or deny whether they held the information which she had sought. Ms. Cassidy also raised a number of additional points on the original response, which are set out in the Annex under the relevant UKBA response.
Procedural issues
4. Following its receipt on 15 April 2009, the request was acknowledged by the Freedom of Information Team within 24 hours and allocated to the business. The response was sent to Ms. Cassidy on the 5 June 2009.
5. The UK Border Agency has failed to comply with section 10(1) of the Freedom of Information Act in that it has failed to respond to the request with 20 working days.
Consideration of the response
First paragraph of request and questions numbered 2,3 &4
6. Ms. Cassidy asked a number of questions relating to level of security clearance of social workers co-located with UKBA staff on UKBA premises. UKBA fully answered these questions in their response.
Questions 1 & 6.1
7. Ms. Cassidy also requested a copy of the relevant security clearance form used by UKBA to consider these applications. UKBA provided a copy of the relevant form. Despite Ms Cassidy’s concerns I confirm that the form supplied to her in response to the original request is the correct one.
Question 5
8. Ms. Cassidy asked for confirmation that co-located social workers are issued ID cards to work on the UKBA estate. UKBA fully answered this request in their response, by informing her that staff are issued with relevant building passes. Such passes would not be issued to anyone without the required level of security clearance. No such person would be employed.
Question 6
9. Ms. Cassidy asked what vetting is required for social workers to obtain an ID card. UKBA fully answered this question.
Question 7
10. Ms. Cassidy asked for copies of the internal guidance which covers these vetting processes, including what happens should a social worker fail any vetting procedure to work on a co-located basis and whether they can appeal against any decision to refuse and how their employers or sub-contractors are informed they have failed.
11. UKBA did not provide any information on how employers/employees are contacted or whether they have a right of appeal against this decision. They also failed to provide any copies of any internal guidance on this issue. In both cases the response failed to say whether or not the information was held and failed to give any reason why, if it was held, the information was not provided. In this respect the response of 5 June was in breach of section 1(1) of the FoI Act.
12. As regards this failure to comply with the Act I have contacted the unit concerned and they acknowledge that they have not responded fully to Ms. Cassidy’s request. They have however in confirmed that the UK Border Agency does not have any internal guidance relating specifically to security clearance for social workers and therefore it could not have been provided to Ms. Cassidy. The guidance relates to clearance for all persons wishing to enter UKBA premises and is therefore out of scope of the request. As regards notification of a decision individuals are informed that they have failed via letter and can appeal against the decision.
Question 8
13. Ms. Cassidy also asked which agency or organisation conducts these vetting processes and procedures, who can revoke vetting clearance. UKBA provided confirmation of which department within the Home Office undertakes this vetting.
Questions 9, 9.1 and 9.2
14. Ms. Cassidy asked what processes and procedures are used for social workers who are have newly arrived in the UK, as migrant workers and whether different vetting applies to such migrants who are nationals of: (i) EU countries (ii) Non EU countries. UKBA provided a full response to this question.
Conclusion
15. The UKBA response of 5 June was provided to Ms. Cassidy outside the 20-working day limit, albeit not excessively so, and so was in breach of section 10(1) of the FoI Act.
16. The UKBA provided a proper responses to Ms. Cassidy’s question in the first paragraph of her request and in response to the numbered questions 1,2,3,4,5,6, 6.1, 8, 9, 9.1 and 9.2.
17. However, the response failed to say, in respect of the information requested by Ms. Cassidy at questions 7, whether the information was held or not. In this respect the response was in breach of section 1(1)(a) of the FoI Act.
Information Access Policy Team
UK Border Agency
27 November 2009
Annex: Original request, UKBA response and Ms. Cassidy’s comments
What levels of Security Clearance (SC) / Counter Terrorism Checks (CTC)/ and or Developed Vetting (DV) is required for prospective co-located staff, (Joint working between Local authorities and the Home Office/UKBA) such as Social Workers, when they are required by employers or sub-contracted by recruitment businesses (locum agency temp social-workers placed in local authorities)to undertake statutory social work at Government Sites/Facilities, such as Asylum Screeening Units (ASU) , Ports of Entry (POE) and Immigration Removal Centres (IRC)?
2) Which level of clearance is required by such social workers to work at ASU's. Is it at SC, CTC, or DV level or a combination of one or more?
3) Which level of clearance is required by such social workers to work at POE. Is it at SC, CTC, or DV level or a combination of one or more?
4) Which level of clearance is required by such social workers to work at IRC's. Is it at SC, CTC, or DV level or a combination of one or more?
UKBA response
Social Workers applying to work within Government sites would be classified as contracted employees and as such would be required to hold BS clearance (Baseline Standard of security clearance) prior to being allowed access to the UKBA estate.
1) Please also provide copies of the relevant Security Clearance/Counter Terrorism Checks/Developed Vetting forms required by such social work applicants.
6.1) Please provide a copy of the vetting forms social workers have to complete before being allowed to work on a co-located basis at ASU's , POE & IRC's.
UKBA response
A copy of the form was enclosed.
Ms Cassidy’s comments on the response
The copy of the Disclosure form you have provided only seems to relate to Scotland and the background information I provided concerns England only. You have not provided copies of any relevant forms concerning "Baseline Standard of security clearance" from for use by the "Home Office Departmental Security Unit"
Can you provide me with a copy of the forms or documents used to provide "Baseline Standard of security clearance" and the forms documents used for the "photo pass", "building access pass".
The copy of the Disclosure form you have sent seems to be the wrong one, it makes no reference to how "All persons issued with a building access pass" would secure anything concerning integrity or financial. The disclosure form you have sent is merely a Public document for use by all employers recruiting staff to work with children. The workers that are subject of this request are referred to as Social Workers and therefore they must already hold a Disclosure, issued by England's equivalent Criminal Records Bureau. You may have provided this form as the Home Office/UKBA use it for it's own employees. However, this is not the context of my request. It is about co-located social workers, who are employees of a local authority and the Home Office/UKBA has agreed for them to work from within it's, for example, Asylum Screening Units.
5) Please confirm that co-located social workers are also issued with ID cards that confirm that they can work within the aforementioned Government Sites/Facilities and that these ID cards are only issued if the social worker has been given SC, CTC, or DV approval?
UKBA response
Once security clearance has been granted, all staff are issued with a photo-pass that affords them access to the UKBA Estate for the purpose of their official business.
Employees are not issued with ID cards, but are issued with a building access pass.
Ms Cassidy’s comments on the response
West Sussex Council have advised that staff working at the local Airport are required to obtain security clearance photo pass from the BAA ID Centre. Kent Council has also provided a satisfactory response to a similar request and one with Hillingdon Council is outstanding, but I imagine the response will be about the BAA. Therefore please advise what the relevant information would be for Social Workers working from within your Screening Units at Croydon and Liverpool and already employed as Social Workers by Croydon and Liverpool Council's.
6) If SC, CTC or DV clearance does not apply in these situations please advise what form of vetting is undertaken before social worker are issued with said ID.
UKBA response
All persons issued with a building access pass, which includes permanent, agency or contractors, are subject to integrity, financial and police checks as part of the vetting process. Should an employee require a higher level of security clearance they would be subject to further checks dependant on the level of clearance required.
7) Please provide copies of internal guidance you have which covers all of these vetting processes, including what happens should a social worker fail any vetting procedure to work on a co-located basis at ASU's , POE & IRC's and whether they can appeal against such and whether and how their employers or sub-contractors are informed they have failed.
8) In this context please advise on which agency or organisation conducts these vetting processes and procedures, who can revoke vetting clearance.
UKBA response
Security vetting is carried out by the Home Office Departmental Security Unit, and they have responsibility granting access to the UKBA estate
Ms Cassidy’s comments on the response
Part 7 of my request has not been responded to, please advise why this is. "7)Please provide copies of internal guidance you have which covers all of these vetting processes, including what happens should a social worker fail any vetting procedure to work on a co-located basis at ASU's , POE & IRC's and whether they can appeal against such and whether and how their employers or sub-contractors are informed they have failed." http://www.whatdotheyknow.com/request/vetting_of_co_located_social_wor#outgoing-18622
9) What processes and procedures are used for social workers who are have newly arrived in the UK, as migrant workers and whether different vetting applies to such migrants who are nationals of:
9.1) EU countries
9.2) Non EU countries
UKBA response
With regards to immigration checks, all employees are subject to the following requirements:
If an employee is from an EU country they must provide a full copy of their passport or ID card as evidence of this. Permanent employees must have been resident in the UK for a period of 3 years.
If an employee is from an A8 EU country they must have been registered under the Worker Registration Scheme for 12 months prior being able to apply for employment with the Home Office. A full copy of their passport is required as evidence of ID.
If an employee is from a Non-EU country they must be permanently settled in the UK (if from a Commonwealth country) and British Naturalised in the UK (if from a Non-Commonwealth country). A full copy of the passport showing this is required.
6