/ HR Directorate
NOMS HQ
6th Floor, Zone 1 Clive House 70 Petty FranceLondon SW1H 9HD
T020 7217 6254
E

Grooks

Our Ref: FoI 71175 / 28/09/2018

Dear Mr Grooks

Thank you for your email of 25th June 2011, in which you asked for information regarding staff fitness below from the Ministry of Justice (MoJ):

Your request has been passed to me because I have responsibility for answering requests relating to Human Resources NOMS MoJ.

Your request is being handled under the Freedom of Information Act 2000 (FOIA).

I can confirm that the Department holds the information you are seeking,

A)What procedures are in place at present to allow staff tomaintain their fitness?

There are no formal procedures. However staff can access their establishment gymnasium and any sports facilities to maintain their fitness. The Staff Fitness Team will supply fitness programmes if required. The Physical Education Officers (PEOs) in local establishments are available to offer support and advice. All PEOs have the relevant qualifications to planand monitora fitnessprogrammeforstaff. The Staff Fitness Team attends establishments to run Well Being Days. On these days, staff can have an “MOT” of their general health, and advice is available.

B)What percentage in hours is permitted to cover operational staff not on duty (at work maintaining their fitness)?

It varies from establishment to establishment. It is for individual Governors to determine the level of qualified supervision required to support staff PE activity over the meal break periods.

C)Whilst maintaining their fitness (obligation), do staff use prison equipment?

Yes. Staff do use the prison gymnasium and sport facilities equipment at lunch and evening times when prisoners are not present. A PEO would be present during these times. All activities and equipment have risk assessments and safe systems of work. The PEO will complete a safety check of the area before the commencement of any activity.

D)Do staff have the opportunity to exercise outside of their working time?

Yes, although access is limited by the establishment working core day. The usual practice is that staff have access during their meal break and/or at the end of their shift, if this fits into the establishment regime.

D1) Are they allowed to exercise in lunch time periods

Yes, as described above.

D2) Are they allowed to exercise outside of prison property, i.e. go running on a lunchtime?

Yes. Staff are not restricted on any activity.

D3) If so, what liability or protection is offered to staff, should they suffer an accident which prevents them returning or places restriction on them at to work?

If staff are injured, they would follow the normal sick procedures at their place of work.

E)Please provide Insurance schedules for the above questions.

The employers’ responsibilities for the activities are covered by Crown indemnity.

E1) Are staff insured to use equipment at work.

This activity is covered by Crown indemnity.

E2) Are staff insured to exercise outside of prison/estate property within a working day.

If they are not on duty, it is not a matter for their employer.

E3) Are staff insured to exercise outside of a working day, at home or weekends?

This is not a matter for their employer.

E4) Does the employer encourage staff to use private gyms (To show that a duty of care is being provided to ensure correct training instruction as required contractually)?

There is no central policy of encouraging staff to use private gyms. Locally, Governors encourage staff to participate in fitness activities and provide staff supervision via their PE Officers during meal break periods. Staff are also made aware of the Prison Service Sports Association which promotes sport, leisure and recreation for its members.

As part of our obligations under the FOIA, the Ministry of Justice has an independent review process. If you are dissatisfied with this decision, you may write to request an internal review. The internal review will be carried out by someone who did not make the original decision, and they will re-assess how the Department handled the original request.

If you wish to request an internal review, please write or send an email to the Data Access and Compliance Unit within two months of the date of this letter, at the following address:

Data Access and Compliance Unit

Information Directorate

6th Floor

Post point 6.25

102 Petty France

London

SW1H 9AJ

e-mail:

If you remain dissatisfied after an internal review decision, you have the right to apply to the Information Commissioner’s Office under Section 50 of the FOIA. You can contact the Information Commissioner’s Office at the following address:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Internet:

Yours sincerely

Mark Hillman