Closure of Cummal Mooar

Summary

A request was made for details regarding the decommissioning of Cummal Mooar, including meeting attendees, decision-makers, and mitigation measures. Manx Care provided excerpts for some questions but withheld information on attendees and decision-makers due to data protection exemptions and stated they could not locate records for mitigation measures and PSC notification.

Key Facts

• The request concerned the closure of Cummal Mooar and the impact on staff and residents.
• Information regarding who attended meetings and who the decision maker was was withheld.
• The authority stated they do not hold or could not find information on mitigation measures.
• The authority stated they do not hold or could not find information on when the PSC was informed.
• The response was issued on 23 May 2024 following a request received on 22 August 2023.

Data Disclosed

• 22 August 2023
• 23 May 2024
• 3345973
• IM4 4R
• 01624 650 000

Exemptions Cited

• Section 25(b)(i)&(ii) - Absolutely exempt personal information (Data Protection)
• Section 11(3)a - Practical refusal (Information not held or cannot be found)

Original Request

Can you please provide information from meetings that discussion surrounded the decommissioning of Cummal Mooar and what would happen to staff and residents. What month did this take place. Who attended the meetings. Who was the decision maker. What mitigation measures took place. When was the PSC informed

Data Tables (1)

Full Response Text

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

Our ref: 3345973 23 May 2024

Dear ###,

We write further to your request, received 22 August 2023, which states:

"1. Can you please provide information from meetings that discussion surrounded the decommissioning of Cummal Mooar and what would happen to staff and residents.

1. What month did this take place.

2. Who attended the meetings.

3. Who was the decision maker.

4. What mitigation measures took place.

5. When was the PSC informed"

Our response to your request is as follows:

1. Please find attached an excerpt of all relevant information.

2. Please find attached an excerpt of all relevant information.

3. s25(b)(i)&(ii) While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that: • Manx Care is satisfied that the information amounts to personal data of which you are not the data subject; and • Manx Care is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that Manx Care can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 [or if you are dealing with sensitive personal data “and one of the conditions in Article 9 of the GDPR and Schedule 2 of the Implementing Regulations is met”] and in this case, none of those conditions have been met. This is because the numbers are low and this would identify the patient(s).

4. s25(b)(i)&(ii) While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because

it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that: • Manx Care is satisfied that the information amounts to personal data of which you are not the data subject; and • Manx Care is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that Manx Care can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 [or if you are dealing with sensitive personal data “and one of the conditions in Article 9 of the GDPR and Schedule 2 of the Implementing Regulations is met”] and in this case, none of those conditions have been met. This is because the numbers are low and this would identify the patient(s).

1. While our aim is to provide information whenever possible, in this instance Manx Care 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.

2. While our aim is to provide information whenever possible, in this instance Manx Care 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.

Please quote the reference number 3345973 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.