Abbotswood Nursing Home Deaths

Summary

A request for detailed data regarding deaths, autopsies, DNR orders, and gagging orders at Abbotswood Nursing Home in 2019 and 2020 was submitted to the Department of Health and Social Care. The authority responded that it does not hold the requested information, directing the requester to other bodies like the General Registry and Manx Care, while noting that DNR data would be exempt as personal health records.

Key Facts

• The Department of Health and Social Care does not hold data on autopsies where 'covid' or 'coronavirus' was mentioned on death certificates.
• Information regarding specific terms used on death certificates is held by Manx Care, not the Department.
• Data on DNR orders for deceased individuals is not held by the Department and would be absolutely exempt as personal data if it were held.
• The Department does not hold statistics on how many 'covid' deaths were listed by GPs versus coroners.
• The request was received on 2021-04-13 and the outcome was issued on 2021-04-27.

Data Disclosed

• 2019
• 2020
• 2021-04-13
• 2021-04-27
• 1749605
• Section 11(3)a
• Section 25(1)(c)

Exemptions Cited

• Section 11(3)a: Information not held or cannot be found after reasonable steps
• Section 25(1)(c): Absolutely exempt personal data (deceased persons health records)

Original Request

1) how many people were autopsied where 'covid' or 'coronavirus' was mentioned on a death certificate in 2019 and 2020? 2) please confirm for clarity which of these terms was utilised on each 'covid' or 'coronavirus' death certificate: from / with / by / due to / caused by / suspected / co-factors / co-morbidities / clinical balance of probabilities of death and on which dates? 3) how many of the deceased people had a DNR (do not resuscitate) order? How long prior to each death was a DNR in place? 4) as the Isle of Man government has not uniquely isolated SARS-CoV-2 as a 'virus' how can 'covid' deaths have happened? 5) what was the flu vaccine status of each of the deceased? 6) have any former Abbotswood staff, or Manx GP's, or any Manx media had an Abbotswood gagging order placed on them?

Data Tables (1)

Full Response Text

Chief Executive: Kathryn Magson Freedom of Information Team Crookall House Demesne Road Douglas Isle of Man IM1 3QA Tel: (01624) 686324 Email: dhsc@foi.gov.im Website: www.gov.im/dhsc

Our ref: 1749605 14 May 2021

Dear ###

We write further to your request which was received 13 April 2021 and which states:

"1) how many people were autopsied where 'covid' or 'coronavirus' was mentioned on a death certificate in 2019 and 2020? 2) please confirm for clarity which of these terms was utilised on each 'covid' or 'coronavirus' death certificate: from / with / by / due to / caused by / suspected / co- factors / co-morbidities / clinical balance of probabilities of death and on which dates? 3) how many of the deceased people had a DNR (do not resuscitate) order? How long prior to each death was a DNR in place? 4) as the Isle of Man government has not uniquely isolated SARS-CoV-2 as a 'virus' how can 'covid' deaths have happened? 5) what was the flu vaccine status of each of the deceased? 6) have any former Abbotswood staff, or Manx GP's, or any Manx media had an Abbotswood gagging order placed on them?" We requested clarification to Q4 which you kindly provided the below: Question 4) how many 'covid’ deaths at Abbotswood were listed by a) GP’s and how many cited by b) coroners during 2019 and how many during 2020?

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find some of the information that you have requested. I have detailed below the information that is held by the Department and provided advice and assistance in regards to information not held .

Please find our response below: 1) how many people were autopsied where 'covid' or 'coronavirus' was mentioned on a death certificate in 2019 and 2020? While our aim is to provide information whenever possible, in this instance the Department of Health and Social Care ('the Department') is unable to provide the information that 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 as it may be held by the General Registry. You may wish to re-submit your request to the General Registry which is an option available on the Freedom of Information request portal, who may be able to help you. 2) please confirm for clarity which of these terms was utilised on each 'covid' or 'coronavirus' death certificate: from / with / by / due to / caused by / suspected / co-factors / co-morbidities / clinical balance of probabilities of death and on which dates? While our aim is to provide information whenever possible, in this instance the Department of Health and Social Care ('the Department') is unable to provide the information that 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 as it may be held by Manx Care. You may wish to re-submit your request to Manx Care which is an option available on the Freedom of Information request portal, who may be able to help you. 3) how many of the deceased people had a DNR (do not resuscitate) order? How long prior to each death was a DNR in place? While our aim is to provide information whenever possible, in this instance the Department of Health and Social Care ('the Department') is unable to provide the information that 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. To provide advice and assistance, as case officer for this request, if the Department did hold this information, I would engage the following exemption under the Act, namely, section 25(1)(c) Absolutely exempt personal data, the information requested forms part of a deceased persons health record and is absolutely exempt from disclosure under section 25(1)(c) of the Act. 4) how many 'covid’ deaths at Abbotswood were listed by a) GP’s and how many cited by b) coroners during 2019 and how many during 2020? While our aim is to provide information whenever possible, in this instance the Department of Health and Social Care ('the Department') is unable to provide the

information that 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 as it may be held by Public Health. You may wish to re-submit your request to the Cabinet Office, of which Public Health forms part of, which is an option available on the Freedom of Information request portal, who may be able to help you. 5) what was the flu vaccine status of each of the deceased? While our aim is to provide information whenever possible, in this instance the Department of Health and Social Care ('the Department') is unable to provide the information that 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. To provide advice and assistance, as case officer for this request, if the Department did hold this information, I would engage the following exemption under the Act, namely, section 25(1)(c) Absolutely exempt personal data, the information requested forms part of a deceased persons health record and is absolutely exempt from disclosure under section 25(1)(c) of the Act. 6) have any former Abbotswood staff, or Manx GP's, or any Manx media had an Abbotswood gagging order placed on them?" While our aim is to provide information whenever possible, in this instance the Department of Health and Social Care ('the Department') is unable to provide the information that 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. To provide advice and assistance, there are no Non-Disclosure Agreements in place or have been used by the Department in respect of Abbotswood.
The Department has no lawful basis to enter into such an agreement with the persons named by the requestor, there was, however, the following paragraph included in a proposed agreement with the Directors of Abbotswood dated 12/4/2020. All communications between you: (a) the media (to include posts on social media); and (b) the relatives of residents; and (c) staff at Abbotswood and which relate to the current circumstances at Abbotswood or Covid 19 will be approved by the Department (who will act reasonably in giving their approval);

This agreement was not signed prior to the urgent suspension of registration being served on 13/4/2020

Please quote the reference number 1749605 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