Roberts Report

Authority	Department of Environment, Food and Agriculture
Date received	2021-11-29
Outcome	Not upheld
Outcome date	2022-02-24
Case ID	2118789

Summary

The requester sought the 'Roberts Report' and Dr. Roberts's commission documents regarding an investigation into a senior DEFA officer, but the Department of Environment, Food and Agriculture confirmed it does not hold these records as they were commissioned by the Public Services Commission.

Key Facts

The Department of Environment, Food and Agriculture does not hold the 'Roberts Report' or the commission for Dr. Roberts.
The report was commissioned by the Public Services Commission, not the Department.
The request was initially responded to on the 21st working day, missing the statutory deadline.
An internal review was conducted on 5th February 2022, resulting in a repeat search that found no records.
The final outcome of the review was 'Not upheld', confirming the information is not held.

Data Disclosed

2021-11-29
2021-12-30
2022-02-05
2022-02-24
2118789
21st working day
5 pages
2 documents

Original Request

Please let me have - 1. a copy of the "Roberts Report" referred to in this Employment and Equality Commission Decision - https://www.judgments.im/content/ET%2020-32%20Dr%20Kevin%20Kennington%20V%20Public%20Service%20Commission.pdf 2. A copy of Dr Roberts's commission by the Department to carry out the investigation referred to in the "Roberts Report".

Data Tables (6)

“In	my opini	on it is i	nconceivable that as th		e Report was an inve	stigatio
into	serious	allegations, app		arently amounti	ng to criminality on	the part
of a	senior o	fficer in	DEFA, t	hat DEFA wan't	[sic] provided with a	copy of
the	Report b	y the Public Se		rvices Commissi

Paragraph 1			4 of the	Decisio	n of the the [sic	] Employment & Equ
Tribunal stat			es that t	he Co	mplainant made	a further protected d	isclosur
to t	he	Minist	er which	becam	e part of the inv	estigation conducte
Sharon Robe			rts. The	Report

"Having bee	n appointed as		an External Inve	stigating Officer, Dr
carried out h	er task	and del	ivered what is re	ferred to generally
Roberts Rep	ort. This	Report	led to further a	ctions being taken in
disciplinary p	rocess

Paragraph 2		2 states
22.	Consequ	ent upo	n the d		elivery of the Ro	berts Report, interna
disciplinary a		ction was		com	menced against	Mr XY. The Roberts
wa	s also pro	vided to	the Ma		nx Constabulary	for consideration o
criminal offe		nces involving			Mr XY or other e

It is	inconcei	vable that		isciplinary action	was commenced a	gainst M
XY	who was	a senior	officer	in DEFA, a copy	of the Roberts Repo	rt would
not	have bee	n provided to t		he Department,	or at least the Minis	ter who
is i	n law the	Department, a		nd that it would	not form part of the
file	held by t	he Department		in relation to th	e senior officer refer
especially so		as the	Complainant had made		a protected disclosu	re to th

Although the		response		stat	es that that [sic]	the "information req	uested i
not	held by t	he Department			" this does not	make it clear that a c
the	Report is	n't held	by the

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 2118789 24th February 2022

Dear ###

Information requested by: ###

Summary of Process 1. Request received: 29th November 2021 2. Response sent: 30th December 2021 2. Review requested: 5th February 2022

Original request In your communication to Department of Environment, Food and Agriculture dated 29th November 2021, you requested:

Please let me have - 1. a copy of the "Roberts Report" referred to in this Employment and Equality Commission Decision - https://www.judgments.im/content/ET%2020- 32%20Dr%20Kevin%20Kennington%20V%20Public%20Service%20Commissio n.pdf
2. A copy of Dr Roberts's commission by the Department to carry out the investigation referred to in the "Roberts Report".

The Department’s response of the 30th December 2021 stated: While our aim is to provide information whenever possible, the information requested is not held by this Department. The report you refer to was commissioned by the Public Services Commission. The report is neither held by the Department nor did the Department commission Dr Roberts to carry out the investigation. You may wish to make a new request to the Public Services Commission which can be done here https://www.gov.im/about-the-government/freedom-of- information/makea-freedom-of-information-request/ Request for Review of Response

In your communication to the Department of Environment, Food and Agriculture dated 5th February 2022 (and subsequently on the 7th February), you stated: “In my opinion it is inconceivable that as the Report was an investigation into serious allegations, apparently amounting to criminality on the part of a senior officer in DEFA, that DEFA wan't [sic] provided with a copy of the Report by the Public Services Commission. Paragraph 14 of the Decision of the the [sic] Employment & Equality Tribunal states that the Complainant made a further protected disclosure to the Minister which became part of the investigation conducted by Dr Sharon Roberts. The Report states - "Having been appointed as an External Investigating Officer, Dr Roberts carried out her task and delivered what is referred to generally as the Roberts Report. This Report led to further actions being taken in the disciplinary process – as explained below". Paragraph 22 states - 22. Consequent upon the delivery of the Roberts Report, internal disciplinary action was commenced against Mr XY. The Roberts Report was also provided to the Manx Constabulary for consideration of any criminal offences involving Mr XY or other employees. It is inconceivable that as disciplinary action was commenced against Mr XY who was a senior officer in DEFA, a copy of the Roberts Report would not have been provided to the Department, or at least the Minister who is in law the Department, and that it would not form part of the staffing file held by the Department in relation to the senior officer referred to, especially so as the Complainant had made a protected disclosure to the Minister. Although the response states that that [sic] the "information requested is not held by the Department" this does not make it clear that a copy of the Report isn't held by the Department” Statutory Considerations 1. Did the public authority respond to your request within the required timescales? No, the response was sent on the 21st working day after receipt. 2. Did the public authority provide the information requested? No. 3. Did the public authority conduct a reasonable search for the information? Yes. 4. If the public authority did not provide the information because of the application of a practical refusal reason, was the refusal clear? Yes. 5. If the public authority applied an exemption was it correct and was it explained? N/A. An exemption was not applied. 6. Did the public authority offer appropriate advice and assistance? The request was clear; no further assistance was required.

Did the public authority advise you of the internal review process and your right of appeal to the Information Commissioner? Yes.

Review of Response A repeat search has been conducted and the Department does not hold or cannot, after taking reasonable steps to do so, find the information (and report) requested.

Decision

Consequently, the final decision of this review is that your complaint is not upheld.

Information Commissisoner 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.

Yours sincerely

Our ref: 2118789 30th November 2021

Dear ###

We write further to your request which was received on the 29th November 2021 and which states:

"Please let me have - 1. a copy of the "Roberts Report" referred to in this Employment and Equality Commission Decision - https://www.judgments.im/content/ET%2020- 32%20Dr%20Kevin%20Kennington%20V%20Public%20Service%20Commission.pdf 2. A copy of Dr Roberts's commission by the Department to carry out the investigation referred to in the "Roberts Report"."

Response While our aim is to provide information whenever possible, the information requested is not held by this Department. The report you refer to was commissioned by the Public Services Commission. The report is neither held by the Department nor did the Department commission Dr Roberts to carry out the investigation. You may wish to make a new request to the Public Services Commission which can be done here https://www.gov.im/about-the-government/freedom-of-information/make- a-freedom-of-information-request/ Please quote the reference number 2118789 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.