Independent Review Body ("IRB") - Healthcare Complaints

Summary

A request was made for details regarding the Independent Review Body (IRB) for healthcare complaints, including staffing, costs, reports, and procedures. The Department of Health and Social Care disclosed the number of convenors and staff but refused to provide salary and expense details, citing that the information would need to be created or derived.

Key Facts

• There are currently six IRB Convenors and one IRB Clerk.
• Salary, attendance allowance, and expense details for IRB Convenors and the Governor were withheld.
• The withholding of financial details was based on the requirement to create or derive information from existing records.
• The response was issued on 21st September 2020 regarding a request received on 10th August 2020.
• The authority stated that complying with the financial request falls under section 8(3) of the Act.

Data Disclosed

• 6 IRB Convenors
• 1 IRB Clerk
• 2020-08-10
• 2020-09-21
• section 8(3)
• S11(3)(b)

Exemptions Cited

• Section 8(3) of the Act (information not required to be created or derived)
• Section 11(3)(b) of the Act

Original Request

Independent Review Body ('IRB') ' Healthcare Complaints 1. Please advise the current number of IRB Convenors and support staff 2. Please provide details of salary , attendance allowance, expenses for IRB Conveynors and the IRB Governor 3. What is the total annual cost of the IRB to the Department of Health & Social Care (DHSC) /the public ? 4. The public correspondence address for the IRB is currently a PO Box number. Does the IRB have offices, if so please advise their address 5. There does not appear to be a public phone number for the IRB, please advise if there is one in existence 6. The DHSC produces a public information leaflet which provides basic details on the handling of the complaints. It assumed that DHSC and the IRB hold manuals which provide further detail on their procedures for handling complaints. Please provide same. 7. The last published report on complaints produced by the IRB was 2016. Please provide IRB reports for the years 2017, 2018, 2019 and 2020. 8. If the IRB/DHSC are unable to provide reports on complaints received by the IRB since 2016 in accordance with question 7 above, then please provide copies of the annual reports from the IRB to DHSC on the discharge of the IRB functions. 9. Please advise on what basis the publically funded IRB fall outside the jurisdiction of the Tynwald Ombudsman. Originally the IRB did appear to fall within the remit of the Tynwald Ombudsman but the situation appears to have changed? 10. Please advise the IRB procedure on timescales for dealing with complaints and responding to correspondence, meeting requests. 11. The last report on DHSC complaints laid before Tynwald was for the period 2016/17. Please provide copies of DHSC complaint reports for 2017/18, 2018/19, 2019/20 12. Under the NHS Complaints Regulations 2014, https://www.tynwald.org.im/links/tls/SD/2004/2004-SD-0216.pdf Section 18. States ' Annual report - The Department must prepare an annual report on its handling and consideration of complaints and lay the report before Tynwald. Please advise why DHSC have not laid annual reports before Tynwald annually

Data Tables (2)

Full Response Text

Interim 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: 1415223 21st September 2020

Dear ###

We write further to your request which was received on 10th August 2020 and states:

"Independent Review Body ('IRB') ' Healthcare Complaints

Question 1. Please advise the current number of IRB Convenors and support staff. Question 2. Please provide details of salary, attendance allowance, expenses for IRB Convenors and the IRB Governor. Question 3. What is the total annual cost of the IRB to the Department of Health & Social Care (DHSC) /the public? Question 4. The public correspondence address for the IRB is currently a PO Box number. Does the IRB have offices, if so please advise their address? Question 5. There does not appear to be a public phone number for the IRB, please advise if there is one in existence? Question 6. The DHSC produces a public information leaflet which provides basic details on the handling of the complaints. It assumed that DHSC and the IRB hold manuals which provide further detail on their procedures for handling complaints. Please provide same.

Question 7. The last published report on complaints produced by the IRB was 2016. Please provide IRB reports for the years 2017, 2018, 2019 and 2020.

Question 8. If the IRB/DHSC are unable to provide reports on complaints received by the IRB since 2016 in accordance with question 7 above, then please provide copies of the annual reports from the IRB to DHSC on the discharge of the IRB functions.

Question 9. Please advise on what basis the publically funded IRB fall outside the jurisdiction of the Tynwald Ombudsman. Originally the IRB did appear to fall within the remit of the Tynwald Ombudsman but the situation appears to have changed?

Question 10. Please advise the IRB procedure on timescales for dealing with complaints and responding to correspondence, meeting requests. Question 11. The last report on DHSC complaints laid before Tynwald was for the period 2016/17. Please provide copies of DHSC complaint reports for 2017/18, 2018/19, 2019/20.

Question 12. Under the NHS Complaints Regulations 2014, https://www.tynwald.org.im/links/tls/SD/2004/2004-SD-0216.pdf Section 18. States ' Annual report - The Department must prepare an annual report on its handling and consideration of complaints and lay the report before Tynwald. Please advise why DHSC have not laid annual reports before Tynwald annually"

Our response. Question 1. Please advise the current number of IRB Convenors and support staff There are currently six (6) IRB Convenors and one (1) IRB Clerk. Question 2. Please provide details of salary, attendance allowance, expenses for IRB Convenors and the IRB Governor. 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 S11(3)(b).

While our aim is to provide information whenever possible, in this instance, complying with your request for information would require us to create or derive information from information that we hold. For advice and assistance the table below shows the total annual costs including attendance allowance and expenses. Financial Year Sum of Actuals £ 2016 to 2017 £66,316.05 2017 to 2018 £66,612.09 2018 to 2019 £82,232.27 2019 to 2020 £51,464.15 Question 3. What is the total annual cost of the IRB to DHSC/the public? The table below shows the total annual costs. Financial Year Sum of Actuals £ 2016 to 2017 £66,316.05 2017 to 2018 £66,612.09 2018 to 2019 £82,232.27 2019 to 2020 £51,464.15 Question 4. The public correspondence address for the IRB is currently a PO Box number. Does the IRB have offices, if so please advise their address? The IRB does not have any offices. All IRB members including the clerk work from home other than for meetings where venues are arranged as appropriate. Question 5. There does not appear to be a public phone number for the IRB, please advise if there is one in existence? There is no contact telephone number for the IRB. They can be contacted by post at: National Health Service Independent (Complaints) Review Body PO Box 281 Douglas Isle of Man IM99 2SH; or by emailing: nhsirb@manx.net

It is worth noting that as the IRB is not a public authority and therefore not subject to the Freedom of Information Act 2015, consequently any requests for information will be dealt with as business as usual requests.

Question 6. The DHSC produces a public information leaflet which provides basic details on the handling of the complaints. It assumed that DHSC and the IRB hold manuals which provide further detail on their procedures for handling complaints. Please provide same. Please see the attached information leaflet which outlines IRB procedures. Question 7. The last published report on complaints produced by the IRB was 2016. Please provide IRB reports for the years 2017, 2018, 2019 and 2020. While our aim is to provide information whenever possible, in this instance the public authority does not hold some of the information that you have requested (Section 11(3)(a) of the Act). In accordance with the regulations that govern the IRB, the DHSC does receive individual IRB reports and an annual “tracking” summary, which are not published. The DHSC note the requirements for an annual complaint report and unfortunately this has not been the case for three years due to significant changes in management structures in DHSC. However a combined three year DHSC report has been produced and will be laid before Tynwald in the October or November 2020 at the latest. This report includes a summary of IRB complaints and actions undertaken. Question 8. If the IRB/DHSC are unable to provide reports on complaints received by the IRB since 2016 in accordance with question 7 above, then please provide copies of the annual reports from the IRB to DHSC on the discharge of the IRB functions. While our aim is to provide information whenever possible, in this instance the public authority does not hold some of the information that you have requested (Section 11(3)(a) of the Act). In accordance with the regulations that govern the IRB, the DHSC does receive individual IRB reports and an annual “tracking” summary, which are not published. The DHSC note the requirements for an annual complaint report and unfortunately this has not been the case for three years due to significant changes in management structures in DHSC. However a combined three year DHSC report has been produced and will be laid before Tynwald in the October or November 2020 at the latest. This report includes a summary of IRB complaints and actions undertaken.

Question 9. Please advise on what basis the publically funded IRB fall outside the jurisdiction of the Tynwald Ombudsman. Originally the IRB did appear to fall within the remit of the Tynwald Ombudsman but the situation appears to have changed? 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. For advice and assistance you may wish to contact the Tynwald Ombudsman (Tynwald Commissioner for Administration). Their email ombudsman@parliament.org.im Link to web site: https://www.tynwald.org.im/about/TCA/Pages/default.aspx Question 10. Please advise the IRB procedure on timescales for dealing with complaints and responding to correspondence, meeting requests. The aim of the IRB is to complete an investigation as quickly as possible. By its very nature the IRB is required to distance itself from the Parties involved and would not normally arrange a meeting on request. Please see the attached information leaflet which outlines IRB procedures. Question 11. The last report on DHSC complaints laid before Tynwald was for the period 2016/17. Please provide copies of DHSC complaint reports for 2017/18, 2018/19, 2019/20 While our aim is to provide information whenever possible, in this instance the public authority does not hold some of the information that you have requested (Section 11(3)(a) of the Act). The Department of Health and Social Care note the requirements for an annual complaint report. Unfortunately this has not been the case for three years, but a combined three year DHSC report has been produced and will be laid before Tynwald in the October or November 2020 at the latest.

Question 12. Under the NHS Complaints Regulations 2014, https://www.tynwald.org.im/links/tls/SD/2004/2004-SD-0216.pdf
Section 18. States ' Annual report - The Department must prepare an annual report on its handling and consideration of complaints and lay the report before Tynwald. Please advise why DHSC have not laid annual reports before Tynwald annually" While our aim is to provide information whenever possible, in this instance the public authority does not hold some of the information that you have requested (Section 11(3)(a) of the Act). Following significant changes of leadership over the last few years the new interim leadership team are developing a new governance framework to ensure reporting requirements can be fully met on time and ensuring relevant data is published. The Department apologises for the delay in annual reporting. A combined three year DHSC report has been produced and will be laid before Tynwald in October or November 2020 at the latest. Please quote the reference number 1415223 in any future communications.

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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.

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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.
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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