Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what assessment they have made of the findings of freedom of information requests by the Spinal Injuries Association that show large regional variation in the provision of services for patients with spinal injuries with regard to neurogenic bowel care interventions, including digital rectal stimulation and the digital removal of faeces; and what action they plan to take in response to those findings.
Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)
We have made no assessment. Neurogenic bowel care interventions, including digital rectal examination, digital rectal stimulation and the digital removal of faeces are all locally commissioned services.
NHS England’s Excellence in continence care guidance, published in 2018, gives practical guidance for commissioners, providers, health and social care staff to help ensure people receive excellent continence care consideration. It addresses how providers can overcome implementation challenges of services such as digital rectal examination, digital rectal stimulation and the digital removal of faeces services. A copy of the guidance is attached.
Asked by: Peter Bottomley (Conservative - Worthing West)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, if he will (a) publish a list of the freedom of information requests relating to the proposed Holocaust Memorial and associated learning centre that (i) his Department has not yet responded to and (ii) are waiting for adjudication by the Information Commissioner and (b) order his Department to release all the information requested.
Answered by Simon Hoare - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
No Freedom of Information requests relating to the Holocaust Memorial and Learning Centre are awaiting a response from the Department. A letter from the Information Commissioner about the Department’s handling of a previous request was received on 18 January 2024 and will receive a response shortly.
A great deal of information about the Holocaust Memorial and Learning Centre has been published as part of the planning application. When Freedom of Information requests have sought information which falls within statutory exemptions, careful consideration is given and the appropriate public interest tests are applied. Some material requested by Doran Gerhold in December 2018 was withheld on this basis: the Information Commissioner and the First Tier Tribunal have each, twice, upheld the Department’s approach.
Asked by: Peter Bottomley (Conservative - Worthing West)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, if he will publish the redacted Holocaust Memorial material subject to the freedom of information request by Dorian Gerhold in December 2018.
Answered by Simon Hoare - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
No Freedom of Information requests relating to the Holocaust Memorial and Learning Centre are awaiting a response from the Department. A letter from the Information Commissioner about the Department’s handling of a previous request was received on 18 January 2024 and will receive a response shortly.
A great deal of information about the Holocaust Memorial and Learning Centre has been published as part of the planning application. When Freedom of Information requests have sought information which falls within statutory exemptions, careful consideration is given and the appropriate public interest tests are applied. Some material requested by Doran Gerhold in December 2018 was withheld on this basis: the Information Commissioner and the First Tier Tribunal have each, twice, upheld the Department’s approach.
Asked by: Emily Thornberry (Labour - Islington South and Finsbury)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many offenders were released on temporary licence for Christmas Day in (a) 2022 and (b) 2023, broken down by each offence committed.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Data on the number of individuals recorded as temporarily released from prison on 25 December 2022, broken down by main offence category, has been published in response to a request under the Freedom of Information Act 2000 (FOI 230910004) and may be accessed here: https://www.gov.uk/government/publications/foi-releases-for-october-2023.
Requested data for Christmas 2023 forms a subset of data planned for release in the regular Offender Management Statistics Quarterly publication, and therefore the Department is not able to provide the requested information at this time.
Offenders released on temporary licence are subject to strict conditions and risk assessment. Any breaches can result in more time behind bars.
Asked by: Rachael Maskell (Labour (Co-op) - York Central)
Question to the Department for Education:
To ask the Secretary of State for Education, if she will review the effectiveness of governance structures of Multi-Academy Trusts (MAT) in ensuring adequacy of (a) accountability of MAT leadership and (b) avenues for resolving disagreement from school staff with decisions taken by the MAT leadership.
Answered by Damian Hinds - Minister of State (Education)
The department sets clear standards and expectations for the governance of multi-academy trusts (MATs) through requirements set by the Academy Trust Handbook, in model articles of association, funding agreements and through the guidance provided by the Governance Handbook. These documents are reviewed regularly to ensure they are up to date.
The department requires a high level of accountability and transparency from academy trusts. Academy trusts’ status as companies, charities and public sector bodies means that they are subject to rigorous accountability systems. Trustees must comply with the trust’s charitable objects, with company and charity law, and with their contractual obligations under the trust’s funding agreement with the Secretary of State. The academy trust board has collective accountability and responsibility for the governance of the MAT and in assuring itself that there is compliance with regulatory, contractual, and statutory requirements; this includes providing effective challenge and support to school leaders.
The department also published detailed trust quality descriptions as part of the ‘Commissioning high-quality trusts’ guidance in July 2023. These define what trusts are expected to deliver across five key pillars, of which governance and leadership is one. The guidance is the basis for commissioning decisions, including approving the growth of trusts.
The description of governance and leadership includes the expectation that the trust’s accounting officer, board and leadership team create a culture of ethical leadership, including the seven principles of public life; trust leadership should involve parents, schools, communities and, where appropriate, dioceses and other religious authorities so that decision making is supported by meaningful engagement.
The evidence annex sets out the information the department uses to assess trusts under each pillar. In the case of governance and leadership, qualitative evidence is used within a risk-based approach. Where it is determined that a detailed assessment of the trust’s governance and leadership is appropriate, the department will make a judgement based on the evidence held and/or that provided by the trust, in line with the published guidance.
Academy trusts have the freedom to establish their own procedures for staff. Trusts should have the freedom to make these decisions, as they are best placed to understand their local needs, but in doing so, they must take account of relevant legislation and guidance. Advice for boards about establishing these procedures is provided in the department’s guidance on managing staff employment in schools, which is available at: https://www.gov.uk/government/publications/staffing-and-employment-advice-for-schools.
Academy trusts must have a policy that details their procedures for addressing staff grievances. Governing boards should be mindful of their obligations under employment law and take into account the ACAS Code of Practice in their approach, which is accessible at: https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures. While this policy may be delegated to individual academies, the trust board remains accountable for all policies across its schools and they should ensure that members of their schools’ workforce are fully aware of the process by which they can seek redress as a result of any disagreement relating to their work at the school.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what percentage of non-crime hate incidents recorded under the Additional Threshold Test against biological women have been reported by biological males under the gender reassignment protected characteristic as of 9 January 2023.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what the cost to the public purse has been to record and process non-crime hate incidents for each police force in England and Wales this Parliament.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many reports of non-crime hate incidents have led to (a) arrests, (b) charges and (c) prosecutions of biological females after a non-crime hate incident was recorded against them by a biological male that identifies as a trans woman under the gender reassignment protected characteristic in the last five years.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what guidance his Department provides to police forces on the gender reassignment evidence required for people to be able to legitimately claim a non-crime hate incident due to the fact they have (a) undergone or (b) plan to undergo gender reassignment.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many reports of non-crime hate incidents have led to (a) arrests, (b) charges and (c) prosecutions for serious crimes related to the non-crime hate incident in the last five years.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.