Number of consultant, junior doctor and doctor posts and waiting times for operations

Summary

The request sought staffing numbers and vacancy rates for doctors at Noble's Hospital, operation waiting times, and a specific letter regarding the Chief Executive. The Department of Health and Social Care disclosed staffing figures but refused to provide waiting times in the requested format or the letter citing personal data and public business exemptions.

Key Facts

• Total posts for Consultants, Doctors, and Junior Doctors at Noble's Hospital were 146 as of 30 June 2017.
• There were 20 vacant posts across these categories as of 30 June 2017.
• Waiting times for all operations were not provided because the Department does not hold the data in the requested format.
• A letter regarding the Chief Executive was withheld under exemptions for personal data and conduct of public business.
• The response was issued on 27 July 2017 following a request received on 3 July 2017.

Data Disclosed

• 57
• 65
• 24
• 146
• 5
• 15
• 0
• 20
• 30 June 2017
• 27 July 2017
• 01 July 2017
• 01 April 2017
• August 2017

Exemptions Cited

• Section 11(3)(b) - Information not held in requested format
• Section 8(3) - Not required to create or derive information
• Section 19 - Absolute exemption for confirming or denying existence of information
• Section 25(2) - Absolutely exempt personal information
• Section 35(c) - Conduct of public business

Original Request

Jr Dtrs, waiting lists and letter of no confidence

Data Tables (2)

Full Response Text

Department of Health and Social Care

Rheynn Slaynt as Kiarail y Theay

Page 1 of 4 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 27 July 2017 IM93-745i 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 01 July 2017 Your request You asked for: Question 01: “The number of posts for Consultants, Doctors and Junior Doctors at Noble’s.”

After seeking clarification, you confirmed that this question related to the total number of both filled and vacant posts for the above at Noble’s Hospital. Question 02: “The number of the different as above as to the postings are vacant.”

After seeking clarification you confirmed that the question could be amended to the following: “The number of vacant posts only for Consultants, Doctors and Junior Doctors at Noble’s Hospital” Question 03: “The waiting list for all operations”

After seeking clarification you confirmed that the question could be amended to the following: “The waiting times for all operations” Question 04: “A copy of all correspondence emails and the letter that Mrs Beecroft asked Rob Callister to sign.”

After seeking clarification you confirmed that the question could be amended to the following: “A letter the Minister had asked Rob Callister to sign in relation to the Department’s Chief Executive”

Page 2 of 4 FOIA/DHSC/rvsd/01 Response to your request We are pleased to be able to provide a response to your request with answers to some of your questions; while our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested. The reasons for this are shown as part of the corresponding answers below. Question 01: The total number of posts for Consultants, Doctors and Junior Doctors at Noble’s Hospital Please find the Department’s response to Question 01 in the table below: Question 02: The number of vacant posts only for Consultants, Doctors and Junior Doctors at Noble’s Hospital Please find the Department’s response to Question 02 in the table below: Question 03: The waiting times for all operations While our aim is to provide information whenever possible, in this instance, we are unable to provide a response to your request. This is in line with section 11(3)(b) of the Act, as complying with this request for information would require the Department undertake one of the matters mentioned in section 8(3) of the Act that we are not required to do, namely, “to create or derive information from information that it holds”. This is because the Department does not hold the information in the format you have requested. However, to offer you advice and assistance, you may find some useful information on our website here: https://www.gov.im/media/1356317/hospital-inpatient-appointment- waiting-times-1-april-2017.pdf for a list of the inpatient waiting list activity for Noble’s and Ramsey and District Cottage Hospital; and here https://www.gov.im/media/ 1356318/hospital-outpatient-appointment-waiting-times-1-april-2017.pdf for a list of the outpatient waiting list activity for Noble’s and Ramsey and District Cottage Hospital.
In addition, the Department has published its performance and waiting times as of 01 April 2017 that we aim to update within six weeks of the end of each financial quarter, this can be found here https://www.gov.im/about-the-government/departments/ health-and-social-care/waiting-times/; the next set of data will be published in August 2017. Post type Number of posts these figures are correct as of 30 June 2017 Consultants 57 Doctors 65 Junior Doctors 24 Total 146 Post type Number of vacant posts† †these figures are correct as of 30 June 2017 ‡includes speciality doctors and associate specialists
Consultants 5 Doctors‡ 15 Junior Doctors 0 Total 20

Page 3 of 4 FOIA/DHSC/rvsd/01 Question 04: A letter the Minister had asked Rob Callister to sign in relation to the Department’s Chief Executive We do endeavour to provide information whenever possible. However, under section 19 of the Act, a public authority may refuse a request where to either confirm or deny whether it holds information would itself be absolutely exempt information or qualified exempt information and if the information existed and was held by the public authority, it would be exempt from release under Part 3 or Part 4 of the Act. In this instance, if the information you requested did exist or was held by us, exemptions under section 25(2) Absolutely exempt personal information, and section 35(c) Conduct of public business of the Act would apply to that information. The fact that these have been cited, should not be taken as an indication that the information you requested is or is not held by the Department of Health and Social Care.

Section 25(2)(a) and (b)(i) provide that: 25(2). Information is also absolutely exempt information if – (a) it constitutes personal data of which the applicant is not the data subject; and (b) one of the following principles applies – i. in a case where the information falls within any of paragraphs (a) to (d) of the definition of “data” in section 1(1) of the Data Protection Act 2002, the disclosure of the information to a member of the public (otherwise than under this Act) would contravene any of the data protection principles; Section 35(c) provides that:

1. Information is qualified exempt if its disclosure would, or would be likely –
   (c) otherwise to prejudice the effective conduct of public business.

These exemptions would apply because the information refers to living individuals and disclosure of such would breach the first data protection principle; ensuring that personal data must be processed in a fair and lawful way. We consider that the disclosure of the information would be likely to prejudice the effective conduct of public business and to reveal whether the information you have requested exists or is held by the Department, would be contrary to the public interest. For these reasons, we are refusing Question 04 of your request under section 19 of the Act. 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.

Page 4 of 4 FOIA/DHSC/rvsd/01 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