Name of contractor responsible for cleanng of Ballacottier and any other schools with same contractor

Summary

The Department of Education, Sport and Culture refused a request for cleaning contract specifications for Ballacottier School, stating they do not hold the information and that the request lacked substance. The authority advised the applicant to direct the inquiry to the Department of Infrastructure, which manages estates and cleaning services.

Key Facts

• The requested information regarding the cleaning contract for Ballacottier School is not held by the Department of Education, Sport and Culture.
• Responsibility for school cleaning specifications and contracts lies with the Estates Shared Services Section of the Department of Infrastructure.
• The request was refused under section 11(3)(a) of the Freedom of Information Act 2015 because the authority does not hold the information.
• The request was also refused under section 11(3)(d) for lacking substance as the specific subject matter was unclear.
• The applicant was directed to submit a new request via the online portal to the correct department.

Data Disclosed

• 2017-04-03
• 2017-04-10
• IM83253I
• IM83235I
• 11(3)(a)
• 11(3)(d)
• IM1 5EZ

Exemptions Cited

• Section 11(3)(a) - Information not held
• Section 11(3)(d) - Request lacking in substance

Data Tables (1)

Full Response Text

10 April 2017

RE: REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Reference Number – IM83253I

Thank you for your request dated 3rd April 2017 to the Department of Education and Children seeking the provision of information under the Freedom of Information Act.

You asked:

For a copy of the spec and contract with financial information redacted out as it relates to Ballacottier School.

Department Response

Under section 11(3)(a) of the Freedom of Information Act we are refusing your request on the grounds that a practical refusal reason exists, namely that the Department of Education and Children does not hold the information that you have requested:-

 Practical refusal reason 11(3)(a) – the public authority does not hold ….. the information that the applicant has requested.

In addition, although conclusions might be drawn from your other FoI request ref. IM83235I, submitted on the same date, that this relates to the cleaning specification for Ballacottier Primary School, this is not clear within this particular FoI request (IM83253I). Your request is therefore also refused on the grounds of a practical refusal reason under 11(3)(d) of the Act:-

 Practical refusal reason 11(3)(d) – the request for information is ….. lacking in substance.

On the assumption that this request relates to the cleaning specification and contract for Ballacottier Primary School, I would advise that responsibility for such matters falls to the Estates Shared Services Section of the Department of Infrastructure and you should submit your request to that department via the on-line portal, which can be found at https://www.gov.im/about-the-government/freedom-of-information/how-to-make-a-freedom- of-information-request/

Review Process

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 Review/Complaint form and Department of Education and Children

Rheynn Ynsee as Paitchyn

submitting it electronically or by delivery/post to: Mr Andrew Shipley, Legal and Administration Manager, Hamilton House, Peel Road, Douglas, Isle of Man, IM1 5EZ.

An electronic version and paper version of our Review/Complaint form can be found by going to www.gov.im.about-the-government/freedom-of-information/ Your Review/Complaint request should explain why you are dissatisfied with the response, and should be made as soon as practicable. We will respond as soon as the review has been conducted.

Appeal Process

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; 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 rights to review is on the Information Commissioner’s website at www.inforights.im/contact-us/

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