R&I Unit Enforcement Policy and Procedure

Summary

The requester asked for the R&I Unit's procedure for urgent suspension of adult care homes and the associated intervention plan under Section 89 of ROCA 2013. The Department of Health and Social Care refused the request, stating that no internal procedure exists as actions are taken on an individual basis, and the intervention plan is created and held by the care provider, not the Department.

Key Facts

• The Department of Health and Social Care does not hold an internal procedure for urgent suspension of registrations as actions are taken on an individual basis.
• The intervention plan following enforcement under Section 89 of ROCA 2013 is created by the care provider and held by the provider, not the R&I Unit.
• The request was refused under section 11(3)a of the Freedom of Information Act 2015 as a practical refusal reason.
• The Registration & Inspection Unit (R&I Unit) is the specific body referenced in the request regarding enforcement policies.
• The requester was informed of their right to an internal review and subsequent appeal to the Information Commissioner.

Data Disclosed

• 1388929
• 2020-07-27
• 2020-08-17
• 13th August 2020
• April 2019
• Section 89
• ROCA 2013
• section 11(3)a
• Freedom of Information Act 2015
• IM1 3QA
• (01624) 642621

Exemptions Cited

• section 11(3)a of the Freedom of Information Act 2015 (Information not held)

Original Request

The R&I Unit Enforcement Policy and Procedure ' April 2019 has a section entitled 'Stages of Enforcement', which at point 4 refers to the urgent suspension of a registration. Question 1: Please provide a copy of the procedure to be followed by R&I Unit following an urgent suspension of the registration of an adult care home under Section 89 of ROCA 2013. Question 2: Please provide a copy of the intervention plan following an enforcement undertaken under Section 89 of ROCA 2013 to maintain services and provide for the care and welfare of residents.

Data Tables (1)

Full Response Text

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

Tel: (01624) 642621 Email: dhsc@foi.gov.im Website: www.gov.im/dhsc Our ref: 1388929 13th August 2020

Dear ###

We write further to your request which was received on the 27th July 2020 which states:

"The Registration & Inspection Unit (R & I Unit) Enforcement Policy and Procedure ' April 2019 has a section entitled 'Stages of Enforcement', which at point 4 refers to the urgent suspension of a registration. Question 1: Please provide a copy of the procedure to be followed by R & I Unit following an urgent suspension of the registration of an adult care home under Section 89 of ROCA 2013. Question 2: Please provide a copy of the intervention plan following an enforcement undertaken under Section 89 of ROCA 2013 to maintain services and provide for the care and welfare of residents." Our response: Question 1: Please provide a copy of the procedure to be followed by R & I Unit following an urgent suspension of the registration of an adult care home under Section 89 of ROCA 2013. While our aim is to provide information whenever possible, in this instance Department of Health and Social Care (“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. The Registration and Inspection Unit do not hold an internal procedure as any action taken in respect of the above policy is on an individual basis.

Question 2: Please provide a copy of the intervention plan following an enforcement undertaken under Section 89 of ROCA 2013 to maintain services and provide for the care and welfare of residents. While our aim is to provide information whenever possible, in this instance Department of Health and Social Care (“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. The Registration and Inspection Unit do not hold an intervention plan as this document is created by the provider and held by the provider. Please quote the reference number 1388929 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