Administration of Midazolam within health care settings

Summary

The requester asked Manx Care for data on Midazolam administration to Covid-19 deceased patients and any payments received for listing such deaths. Manx Care refused both requests under Section 11(3)(a) of the Act, stating they do not hold the information as death certificates are managed by the Central Registry.

Key Facts

• Manx Care does not hold information on all Covid-19 deaths.
• Cause of death is determined from death certificates held by the Central Registry.
• The authority cited Section 11(3)(a) of the Freedom of Information Act 2015 as the reason for refusal.
• The requester was advised to resubmit the request to the Central Registry.
• The case outcome was upheld as partial by the Information Commissioner.

Data Disclosed

• 81
• 2022-04-05
• 2022-06-14
• 2022-05-05
• 11/3/22
• 2366717

Exemptions Cited

• Section 11(3)(a) of the Freedom of Information Act 2015 (Practical refusal: information not held)

Original Request

1) Can the department/Manx Care please reveal how many of the official "IOM Covid 19 deaths" (81 persons as of 11/3/22) received the drug "Midazolam" within a healthcare setting, prior to their death. 2) Can the department please indicate whether they received payment from any source, for listing deceased persons as an official "Covid 19 death". If so, then please indicate that source and the sum received.

Data Tables (1)

Full Response Text

Manx Care Noble’s Hospital, Strang Braddan, Isle of Man IM4 4R (01624) 650 000

Our ref: 2366717 5 May 2022

Dear ###

We write further to your request which was received on 5th April 2022 which states:

"1) Can the department/Manx Care please reveal how many of the official "IOM Covid 19 deaths" (81 persons as of 11/3/22) received the drug "Midazolam" within a healthcare setting, prior to their death. 2) Can the department please indicate whether they received payment from any source, for listing deceased persons as an official "Covid 19 death. If so, then please indicate that source and the sum received."

Our Response "1) Can the department/Manx Care please reveal how many of the official "IOM Covid 19 deaths" (81 persons as of 11/3/22) received the drug "Midazolam" within a healthcare setting, prior to their death.” While our aim is to provide information whenever possible, in this instance Manx Care 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: Manx Care does not hold information on all Covid-19 deaths. Cause of death can only be determined from the death certificate which is held by Central Registry.
“2) Can the department please indicate whether they received payment from any source, for listing deceased persons as an official "Covid 19 death". If so, then please indicate that source and the sum received." While our aim is to provide information whenever possible, in this instance Manx Care 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. However, you may wish to resubmit your request to Central Registry. Please quote the reference number 2366717 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.