Orthodontic needs assessment

Summary

The requester asked for an orthodontic needs assessment and tender application form, but the Department of Health and Social Care refused to disclose them citing commercial interests.

Key Facts

• The request was made on 23 May 2017 regarding orthodontic procurement.
• The Department withheld the information under Section 30 of the Freedom of Information Act 2015.
• The refusal was based on the tender process being ongoing.
• The Information Commissioner upheld the decision partially on 29 June 2017.
• The response was issued by the Chief Executive's Office at Crookall House.

Data Disclosed

• 23 May 2017
• 24 May 2017
• 29 June 2017
• Section 30
• IM89-308i
• 01624 642621
• Page 1 of 2
• Page 2 of 2

Exemptions Cited

• Section 30 (economy and commercial interests)

Data Tables (1)

Full Response Text

Department of Health and Social Care

Rheynn Slaynt as Kiarail y Theay

Page 1 of 2 FOIA/DHSC/rvsd/01

Chief Executive: Malcolm Couch

By email:

Freedom of Information Team Department of Health & Social Care Chief Executive’s Office Crookall House Demesne Road Douglas Isle of Man, IM1 3QA Tel: Email: Website: Date: FOI Reference: (01624) 642621 foi.dhsc@gov.im www.gov.im/dhsc 24 May 2017 IM89-308i

Dear REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Thank you for your request to the Department of Health and Social Care, dated 23 May 2017 Your request You asked for: Question 01: “Please can you provide the Orthodontic needs assessment which should have been completed ahead of the procurement exercise this year, and the application form for the tender process.” Response to your request Question 01: Please can you provide the Orthodontic needs assessment which should have been completed ahead of the procurement exercise this year, and the application form for the tender process. While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested in Question 01 because an exemption under Section 30 (qualified exempt information having “economy and commercial interests”) of the Act applies to that information.
As this exemption is subject to the public interest test, the Department has also considered whether the public interest falls in favour of releasing or withholding the information. Having considered all the circumstances of the exemption against this request, we believe the balance of public interest falls in favour of withholding the information exempt under section 30. The rationale for this is based on the request requiring documents for a tender process that is still ongoing. On behalf of the Department, the FOI Team apologises that on this occasion we have not been able to be of more assistance.

Page 2 of 2 FOIA/DHSC/rvsd/01 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 to the FOI Co-ordinator, Department of Health & Social Care, Chief Executive’s Officer, Crookall House, Demesne Road, Douglas, Isle of Man, IM1 3QA. An electronic version and paper version of our complaint form can be found by going to our website www.gov.im/about-the-government/freedom-of-information/how-to- make-a-freedom-of-information-request/ . 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; 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.
   Further information about Freedom of Information requests can be found on the Information Commissioner’s website at: www.inforights.im/information-centre/freedom-of-information. Should you have any queries concerning this letter, please do not hesitate to contact us. Yours Sincerely

Freedom of Information Team Department of Health and Social Care