States of Jersey staff disciplined for misconduct 2012 to 2014 (FOI)

​Request

This follows FOI ref: 2020348836 in which we received figures for misconduct in the States.
On behalf of [name redacted], I would like to request the following under the Freedom of Information Law (regarding years 2012, 2013, 2014):

A.

With regard to the number of staff disciplined for misconduct in 2012, 2013, 2014 in Education, Sport & Culture what were the reasons given?

B.

With regard to the number of staff disciplined for misconduct in 2012, 2013, 2014 in Home Affairs what were the reasons given?

C.

In Education, Sport & Culture (in 2012, 2013, 2014), how many of the complaints against staff disciplined for misconduct had involved children/ welfare of children?

D.

Of those dismissed for misconduct in Education, Sport & Culture, in 2012, 2013, 2104, what were the reasons given?

E.

How many of those dismissed for misconduct in Education, Sport & Culture in 2012, 2013, 2014, how many upheld complaints involved children, improper use of the internet, poor performance, and criminal offences.

F.

In Home Affairs, (in 2012/2013/2014) how many of those disciplined for misconduct were for poor performance/ improper use of the internet/ fraud/inappropriate behaviour while on duty?

G.

Of those dismissed in Home Affairs, how many were for poor performance/improper use of the internet/fraud/inappropriate behaviour while on duty

Response

A.

With regard to the number of staff disciplined for misconduct in 2012, 2013, 2014 in Education, Sport & Culture what were the reasons given?

• Inappropriate Behaviour (including alcohol, drugs and foul language but not involving children)
• Fraud (including unauthorised absence)
• Theft
• Child Welfare
• Not adhering to Policy (including teachers standards, time management)
• Jeopardising exam entries

B.

With regard to the number of staff disciplined for misconduct in 2012, 2013, 2014 in Home Affairs what were the reasons given?

•  General Conduct
•  Criminal Offence
•  Honesty and Integrity
•  Lawful Order
•  Performance of duties
•  Abuse of Force
•  Accessing Police Information
•  Misuse of property
•  Inappropriate use of public money
•  Security Breach
•  Security Issues

C.

In Education, Sport & Culture (in 2012, 2013, 2014), how many of the complaints against staff disciplined for misconduct had involved children/ welfare of children?

The data has been presented in a way that will not identify employees (former or current) as this information is personal information and so is exempt under Article 25 of the Freedom of Information Jersey) Law 2011 (the “FOI Law”), which refers to personal information. The information cannot be disclosed because its disclosure to a member of the public would contravene one or more of the data protection principles, which are set out in Part 1 of Schedule 1 to the Data Protection (Jersey) Law 2005.

As a public authority, the States of Jersey must observe all of the data protection principles when processing personal data. The exemption from the duty to disclose personal data, where to do so would breach a data protection principle, is an absolute exemption, therefore the public interest test in Part 2 of the FOI Law does not apply.

Total number of complaints against staff disciplined for misconduct that involved children/ welfare of children for the years 2012 – 2014 was 3.

D.

Of those dismissed for misconduct in Education, Sport & Culture, in 2012, 2013, 2104, what were the reasons given?

• Inappropriate behaviour
• Fraud
• Theft
• Child Welfare
• Not adhering to policy

E.

How many of those dismissed for misconduct in Education, Sport & Culture in 2012, 2013, 2014, how many upheld complaints involved children, improper use of the internet, poor performance, and criminal offences?

The data has been presented in a way that will not identify employees (former or current) as this information is personal information and so is exempt under Article 25 of the Freedom of Information Jersey) Law 2011 (the “FOI Law”), which refers to personal information. The information cannot be disclosed because its disclosure to a member of the public would contravene one or more of the data protection principles, which are set out in Part 1 of Schedule 1 to the Data Protection (Jersey) Law 2005. As a public authority, the States of Jersey must observe all of the data protection principles when processing personal data. The exemption from the duty to disclose personal data, where to do so would breach a data protection principle, is an absolute exemption, therefore the public interest test in Part 2 of the FOI Law does not apply.

Total number of staff dismissed for misconduct that involved children, improper use of the internet, poor performance, and criminal offences for the years 2012 – 2014 was 4.

F.

In Home Affairs, (in 2012/2013/2014) how many of those disciplined for misconduct were for poor performance/ improper use of the internet/ fraud/inappropriate behaviour while on duty?

The data has been presented in a way that will not identify employees (former or current) as this information is personal information and so is exempt under Article 25 of the Freedom of Information Jersey) Law 2011 (the “FOI Law”), which refers to personal information. The information cannot be disclosed because its disclosure to a member of the public would contravene one or more of the data protection principles, which are set out in Part 1 of Schedule 1 to the Data Protection (Jersey) Law 2005. As a public authority, the States of Jersey must observe all of the data protection principles when processing personal data. The exemption from the duty to disclose personal data, where to do so would breach a data protection principle, is an absolute exemption, therefore the public interest test in Part 2 of the FOI Law does not apply.

Total number of staff disciplined for misconduct for poor performance/improper use of the internet/fraud/inappropriate behaviour while on duty the years 2012 – 2014 was 26.

G.

Of those dismissed in Home Affairs, how many were for poor performance/improper use of the internet/fraud/inappropriate behaviour while on duty?

 The data has been presented in a way that will not identify employees (former or current) as this information is personal information and so is exempt under Article 25 of the Freedom of Information Jersey) Law 2011 (the “FOI Law”), which refers to personal information. The information cannot be disclosed because its disclosure to a member of the public would contravene one or more of the data protection principles, which are set out in Part 1 of Schedule 1 to the Data Protection (Jersey) Law 2005. As a public authority, the States of Jersey must observe all of the data protection principles when processing personal data. The exemption from the duty to disclose personal data, where to do so would breach a data protection principle, is an absolute exemption, therefore the public interest test in Part 2 of the FOI Law does not apply.

Total number of staff dismissed for poor performance/improper use of the internet/fraud/inappropriate behaviour while on duty for the years 2012 – 2014 was 4.

Exemption

25    Personal information

(1)    Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.

(2)    Information is absolutely exempt information if:

 (a)     it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and 
(b)     its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.