Cost of legal proceedings

Summary

The requester asked for a breakdown of legal costs for the DHSC v Ranson High Court appeal, but the Department of Health and Social Care refused to provide the information because it was deemed a repeated request made shortly after a previous one.

Key Facts

• The request was made on 29 August 2022 regarding legal costs for the DHSC v Ranson appeal.
• The Department of Health and Social Care classified the request as a 'Repeated request'.
• A substantially similar request was made by the same individual on 29 August 2022 and answered on 16 September 2022.
• The refusal was based on section 11(3)(e) of the Freedom of Information Act 2015.
• The case reference number is 2602716.

Data Disclosed

• 29 August 2022
• 26 August
• 16 September 2022
• 23 September 2022
• 2602716
• section 11(3)(e)

Exemptions Cited

• Section 11(3)(e) of the Freedom of Information Act 2015 (Repeated request)

Original Request

Please provide a breakdown of the total legal costs incurred by the department in relation to the DHSC v Ranson High Court appeal heard at Douglas courthouse on 26th August

Data Tables (1)

Full Response Text

Interim Chief Executive: Stuart Quayle Freedom of Information Team First Floor Belgravia House Douglas Isle of Man IM1 1AE

Our ref: 2602716 23 September 2022

Dear ###

We write further to your request which was received on 29 August 2022 and which states:

"Please provide a breakdown of the total legal costs incurred by the department in relation to the DHSC v Ranson High Court appeal heard at Douglas courthouse on 26th August"

This request is being handled under the Freedom of Information Act 2015.

Our response: While our aim is to provide information whenever possible, under section 11(3)(e) of the Act the Department of Health & Social care (“the Department”) is not obliged to comply with a freedom of information request where the request for information relates to information that is identical, or substantially similar, to information previously requested by, and a response supplied, to you and a reasonable period of time has not passed between compliance with the previous request and the making of the current request.
In this case substantially similar request for information was also made by you 29 August 2022 and a response was provided to you on the 16 September 2022. If you are dissatisfied with this decision, the final paragraphs of this letter set out the relevant procedures for you to request an internal review on the Department's decision to treat this as a repeat request. Alternatively, you may opt to make a complaint to the Information Commissioner.

Please quote the reference number 2602716 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.