Freedom of information appeal over prison complaints data dismissed
- Freedom of Information Appeals Panel dismisses appeal over withheld data about complaints against HM Prison Les Nicolles officers
- Home Affairs refused to disclose number of complaints from non-inmates and their outcomes, citing operational harm and privacy exemptions
- Panel rules exemptions correctly applied due to ongoing investigations at the prison, but suggests requester reapply once investigations conclude
- Committee took over 10 weeks to respond to panel's request for additional information, significantly delaying the appeal process
- Original FOI request submitted in March 2026 asked 10 questions about the prison, with six answered using exemptions
An appeal against Home Affairs' refusal to disclose information about complaints made against prison officers at HM Prison Les Nicolles has been dismissed by the Freedom of Information Appeals Panel.
The panel upheld the committee's decision to withhold details about the number of complaints made by non-inmates regarding prison officer conduct, and how many of those complaints were dismissed or upheld.
The appeal was lodged on 15 June 2026 after the Committee responded to a freedom of information request by applying exemptions to six out of ten questions about the prison. The committee had answered four questions but refused to provide all the requested information.
The panel considered two specific exemptions applied by the committee. Exemption 2.3 relates to disclosure of information that would harm the proper and efficient conduct of operations of a public body. Exemption 2.12 concerns privacy of an individual and unwarranted disclosure of personal information.
In its decision, published on 21 October 2026, the panel found both exemptions had been correctly applied to questions about complaints against prison officers from non-inmates.
The panel determined that exemption 2.3 was appropriate due to ongoing investigations relating to HM Prison Les Nicolles. It also considered that the public interest did not override the exemption whilst due process was being followed, though it indicated it would reconsider once investigations concluded.
Regarding the privacy exemption, the panel found exemption 2.12 had been correctly applied to the questions.
The panel had requested additional information from the Committee for Home Affairs on 1 July to help consider the appeal's merits. The committee's response was not received until 18 September, more than ten weeks later, which the panel said "unfortunately delayed the response to the appellant significantly".
The original freedom of information request was submitted to Home Affairs on 12 March 2026, with the committee responding on 9 June 2026.
The panel suggested that once ongoing investigations are concluded, the appellant could submit a further freedom of information request for the information.
The Freedom of Information Appeals Panel is an independent body established on 1 January 2022 following a States of Guernsey resolution in June 2021. Its purpose is to determine appeals against decisions by committees or States bodies to refuse information requests under the Freedom of Information Code.
Whilst the panel and the code are non-statutory, the panel expects that the code and its decisions regarding appeals are followed.
The decision was issued by panel chair Advocate Chris Green, along with panel members Ms Rachel Masterton, Advocate Simon Howitt, Ms Susan Hardy, and Advocate Ian Kirk.
Q&A
Q: Why was the appeal dismissed?
A: The Freedom of Information Appeals Panel found that the Committee for Home Affairs had correctly applied exemptions relating to operational harm and privacy. The panel determined the exemptions were appropriate due to ongoing investigations at HM Prison Les Nicolles.
Q: What information was being requested?
A: The requester asked how many complaints had been made regarding prison officer conduct from persons who are not inmates, and how many of those complaints were dismissed or upheld. This was part of a 10-question FOI request about the prison.
Q: Can the information be requested again?
A: Yes, the panel suggested that once the ongoing investigations at the prison are concluded, the appellant could submit a further freedom of information request for the same information.
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