National Health and Care Service Charter, cost cutting and complaints

Summary

A request was made to the Isle of Man Department of Health and Social Care regarding the National Health and Care Service Charter, Executive Leadership Team pay, and complaint statistics. The authority partially fulfilled the request by providing links to public performance documents but exempted specific data on targets, pay grades, and complaint outcomes due to the substantial compilation required.

Key Facts

• The request was received on 2020-01-30 and the outcome was issued on 2020-03-11.
• The Department of Health and Social Care cited Section 11(3)(b) to exempt information requiring substantial compilation.
• The Chief Executive at the time of response was Kathryn Magson.
• The authority directed the requester to publicly available Service Delivery Plans and Performance Reports instead of compiling specific charter data.
• Questions regarding ELT pay grades and detailed complaint statistics for the last five years were not answered directly in the provided text.

Data Disclosed

• 2020-01-30
• 2020-03-11
• 1158721
• 2019 – 2020
• S11(3)(b)
• section 8(3)

Exemptions Cited

• S11(3)(b) - Substantial compilation or collation of information
• Section 8(3) - Matters a public authority is not required to do

Original Request

In respect of the National Health and Care Service Charter (as uploaded and found on government web page https://www.gov.im/about-the-government/departments/health-and-social-care/) Q1: What role (if any) has this document had in setting measurable targets for the department? Q2: If measurable targets were set, what has been measured and what are the results for the completed years since the charters publication? Q3: In the current climate of cost reduction, how does the department resolve conflict between cost reduction and honouring the charter commitments? In respect of the Executive Leadership Team (ELT): Q4: What is their role in ensuring that the commitments made in the National Health and Care Service Charter are honoured. Q5: What is their role, within the current climate of cost reduction, in ensuring that there are no violations of the "Code of Conduct for Public Servants" caused by personnel efforts to attain higher appraisal scores? Q6: What are the highest and lowest pay grades of the ELT Directors under the Chief Executive? Q7: What are the pay ranges for the pay grades as in answer to Q6? In respect of complaints made to each of the department divisions, for the last five years: Q8: What are the numbers of recorded complaints? Q9: How many resulted in acknowledgement that there were shortcomings on the departments behalf? Q10: How many resulted in changes to process/procedure? Q11: How many resulted in reprimand of any kind re any government staff involved in the situation being complained about? Q12: How many resulted in the requisition and usage of additional (i.e. beyond budget) resources being used? Q13: How many involved situations where the complainant believed that they had been treated with discrimination in any way?

Data Tables (3)

Full Response Text

Chief Executive: Kathryn Magson Freedom of Information Team Crookall House Demesne Road Douglas Isle of Man IM1 3QA

(01624) 642621 dhsc@foi.gov.im Website: www.gov.im/dhsc

Our ref: 1158721 11 March 2020

Dear ###

We write further to your request which was received on 30 January 2020 and which states:

"In respect of the National Health and Care Service Charter (as uploaded and found on government web page https://www.gov.im/about-the-government/departments/health-and-social-care/) Q1: What role (if any) has this document had in setting measurable targets for the department? Q2: If measurable targets were set, what has been measured and what are the results for the completed years since the charters publication? Q3: In the current climate of cost reduction, how does the department resolve conflict between cost reduction and honouring the charter commitments? In respect of the Executive Leadership Team (ELT): Q4: What is their role in ensuring that the commitments made in the National Health and Care Service Charter are honoured. Q5: What is their role, within the current climate of cost reduction, in ensuring that there are no violations of the "Code of Conduct for Public Servants" caused by personnel efforts to attain higher appraisal scores? Q6: What are the highest and lowest pay grades of the ELT Directors under the Chief Executive? Q7: What are the pay ranges for the pay grades as in answer to Q6? In respect of complaints made to each of the department divisions, for the last five years: Q8: What are the numbers of recorded complaints? Q9: How many resulted in acknowledgement that there were shortcomings on the departments behalf? Q10: How many resulted in changes to process/procedure? Q11: How many resulted in reprimand of any kind re any government staff involved in the situation being complained about? Q12: How many resulted in the requisition and usage of additional (i.e. beyond budget) resources being used?

Q13: How many involved situations where the complainant believed that they had been treated with discrimination in any way?" While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested. The reasons and statutory exemption sections are shown as part of the corresponding answers below. Q1: What role (if any) has this document had in setting measurable targets for the department? While our aim is to provide information whenever possible, in this instance, complying with your request for information would require the Department of Health and Social Care (Department) to undertake substantial compilation or collation of information that it holds, namely; under S11(3)(b) complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act). However, available within the public domain are the following documents which you may find useful: DHSC Service Delivery Plan 2019 – 2020 DHSC 2019 – 2020 Performance Reports (Q1,Q2,Q3) DHSC – Programme for Government Delivery Plan All of the above documents are available via the following link: https://www.gov.im/about-the-government/departments/health-and-social-care/ Q2: If measurable targets were set, what has been measured and what are the results for the completed years since the charters publication? While our aim is to provide information whenever possible, in this instance, complying with your request for information would require the Department of Health and Social Care (Department) to undertake substantial compilation or collation of information that it holds, namely; under S11(3)(b) complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act) For advice and assistance please refer to Q1. Q3: In the current climate of cost reduction, how does the department resolve conflict between cost reduction and honouring the charter commitments? Any conflict between cost reduction and honoring the Charter commitments would be focused solely on improving health and social care services whilst, for example, making the most effective use of our combined resources and finances. Such conflict would be

identified and progress through an approval mechanism at either Director, Board, Executive Team and/or Ministerial level if required. In respect of the Executive Leadership Team (ELT): Q4: What is their role in ensuring that the commitments made in the National Health and Care Service Charter are honoured. While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonable accessible to you, whether free of charge or on payment of a fee. The information that you have required is in the public domain, please use the following link: https://www.gov.im/media/1350969/dhsc-governance-october-2018-full-update.pdf To provide further advice and assistance, as of 17th February 2020, the Department recently updated membership of the Executive Leadership Team, a hierarchal diagram is available at: https://www.gov.im/about-the-government/departments/health-and-social-care/ Q5: What is their role, within the current climate of cost reduction, in ensuring that there are no violations of the "Code of Conduct for Public Servants" caused by personnel efforts to attain higher appraisal scores? While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonable accessible to you, whether free of charge or on payment of a fee. Terms and conditions of all Isle of Man Government employees, regardless of grade is published within the public domain on the Isle of Man Government, Office of Human Resources website. This can be accessed through the following link: https://hr.gov.im/ (select: Terms & Conditions for Employees) To provide further advice and assistance, if you access the IOM Government OHR main website, available at: https://hr.gov.im/, you will be able to access a whole host of policies, procedures etc. that you may find useful. Q6: What are the highest and lowest pay grades of the ELT Directors under the Chief Executive? Highest pay grade – Public Services Commision for Corporate Leadership Group (CLG) Jesp 13 - 18 Lowest pay grade – Public Services Commission (PSC) Grade 7

Q7: What are the pay ranges for the pay grades as in answer to Q6? While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonable accessible to you, whether free of charge or on payment of a fee. Salary scales for Public Services Commission (PSC) including Corporate Leadership Group (CLG) employees are published within the public domain on the Isle of Man Government, Office of Human Resources website. They can be accessed through the following link: https://hr.gov.im/salary-leave-and- pay/pay-scales/ Q8: What are the numbers of recorded complaints? The following table includes the number of complaints for Primary and Secondary Care: Year No of complaints 2015/16 255 2016/17 See below 2017/18 320 2018/19 499 2019/20 458 * up to 3rd quarter Dec ‘19 For the period 2016/17: While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonable accessible to you, whether free of charge or on payment of a fee. The information that you have required is in the public domain, please use the following link: https://www.gov.im/media/1361026/report-to-tynwald-on-health-and-social-care- complaints-2016-17.pdf http://www.tynwald.org.im/business/OPHansardIndex1821/2881.pdf#search="DHSC Q9: How many resulted in acknowledgement that there were shortcomings on the departments behalf? In respect of the Mental Health, Community Care and Adult Services the following information: Year No 2015/16 22 2016/17 See below 2017/18 17 2018/19 23 2019/20 17 * up to 3rd quarter Dec ‘19

For the period 2016/17: While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonable accessible to you, whether free of charge or on payment of a fee. The information that you have required is in the public domain, please use the following links: https://www.gov.im/media/1361026/report-to-tynwald-on-health-and-social-care- complaints-2016-17.pdf http://www.tynwald.org.im/business/OPHansardIndex1821/2881.pdf#search="DHSC In respect of all other service areas under S11(3)(b) complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act) to create or derive information from information that it holds which the Department is not required to do under the Act. Q10: How many resulted in changes to process/procedure? In respect of the Mental Health Services: Year No 2015/16 3 2016/17 6 2017/18 4 2018/19 4 2019/20 1* up to 3rd quarter Dec ‘19 In respect of all other service areas under S11(3)(b) complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act) to create or derive information from information that it holds which the Department is not required to do under the Act. Q11: How many resulted in reprimand of any kind re any government staff involved in the situation being complained about? S25(b)(i) &(ii) While our aim is to provide information whenever possible, in this instance we are unable to provide any of the information you have requested because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that the Department is satisfied that the information amounts to personal data under the Data Protection Act 2018.

Q12: How many resulted in the requisition and usage of additional (i.e. beyond budget) resources being used? While our aim is to provide information whenever possible, in this instance the Department is unable to provide the information you have requested. This is in line with section 11(3)a of the Act, as a practical refusal reason applies; namely we do not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. This is on the grounds that the Department does not collate this information. Q13: How many involved situations where the complainant believed that they had been treated with discrimination in any way? While our aim is to provide information whenever possible, in this instance the Department is unable to provide the information you have requested. This is in line with section 11(3)a of the Act, as a practical refusal reason applies; namely we do not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. This is on the grounds that the Department does not collate this information.
Please quote the reference number 1158721 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review. If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.

More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date.

Yours sincerely