UDAs etc

Summary

A request was made for annual data on contracted and completed dental activity units (UDAs) and associated financial reimbursements for general and orthodontic services from 2012 to 2017. The Department of Health and Social Care disclosed specific financial figures for uncompleted UDAs in 2015-2016 and 2016-2017, while directing the requester to previously published documents for the remaining data.

Key Facts

• The request covered General Dental Services and Orthodontic Treatment data from 2012 to 2017.
• Information for Questions 01, 02, and 04 was deemed already reasonably accessible via previous FOI responses.
• The GDS Contract allows providers to carry forward 4% of yearly contracted UDAs to the following year.
• Specific monetary values were provided for UDAs not completed or reimbursed for the 2015-2016 and 2016-2017 financial years.
• The response was issued on 18 November 2017 by the Department of Health and Social Care.

Data Disclosed

• 2012 to date
• 2015-2016
• 2016-2017
• £55,888
• £132,297
• 4%
• 18 November 2017
• 23 October 2017
• 19 May 2017
• 07 April 2017

Exemptions Cited

• Section 20 of the Freedom of Information Act 2015 (Information already reasonably accessible)

Data Tables (1)

Full Response Text

Department of Health and Social Care

Rheynn Slaynt as Kiarail y Theay

Page 1 of 5 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 18 November 2017 IM107-848i 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 October 2017 Your request You asked for: GENERAL DENTAL SERVICE/PRACTIONERS - ISLE OF MAN Please provide the following information for GENERAL DENTISTRY: Question 01: The number of UDA (units of dental activity) contracted on an annual basis for the years 2012 to date? Question 02: The number of UDA completed on an annual basis for the periods 2012 to date? Question 03: The amount of monies paid to dental practitioners for UDA that have NOT been completed on an annual basis for the years 2012 to date? Question 04: The amount of monies RE-CLAIMED by the department from General Dental Practitioners, for UDA which were not completed on an annual basis for the years 2012 to date? Please provide the following information for ORTHODONTIC TREATMENT: Question 05: The number of UDA (units of dental activity) contracted on an annual basis for ORTHODONTIC treatment for the years 2012 to date? Question 06: The number of UDA (units of dental activity) contracted on and the number of UDA completed on an annual basis for ORTHODONTIC treatment the periods 2012 to date?

Page 2 of 5 FOIA/DHSC/rvsd/01 Question 07: The amount of monies paid to dental practitioners for UDA that have NOT been completed for ORTHODONTIC treatment on an annual basis for the years 2012 to date? Question 08: The amount of monies RE-CLAIMED by the department from General Dental Practitioners, for UDA for ORTHODONTIC treatment, which were not completed on an annual basis for the years 2012 to date? 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 and statutory exemption sections are shown as part of the corresponding answers below. Question 01: The number of UDAs (units of dental activity) contracted on an annual basis for the years 2012 to date? While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. All of the information that you have requested is available from www.gov.im/media/ 1356831/dhsc-orthodontists-units-of-orthodontic-activity-and-community-dental- services.pdf as Question 01 to a response to a previous Freedom of Information request (IM084-057i) provided on the 19 May 2017. Question 02: The number of UDAs completed on an annual basis for the periods 2012 to date?
While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. All of the information that you have requested is available from www.gov.im/media/ 1356121/20170407-foi-im80-893i-response-ltr-anon.pdf as Question 03 to a response to a previous Freedom of Information request (IM080-893i) provided on the 07 April 2017. Question 03: The amount of monies paid to dental practitioners for UDAs that have NOT been completed on an annual basis for the years 2012 to date?
In response to Question 03, the General Dental Services (GDS) Contract allows for Providers to carry forward 4% of their yearly contracted UDAs to the following year for completion, meaning UDAs are then achieved within the following financial year for which funding had already allowed for. There is always an option for the Provider to reimburse financially rather than carry forward. Special circumstances have also recently given an option for the financial reimbursement, as a one-off agreement, to be reassigned to capacity for more people to be able to join an NHS dental practice. Figures for monies paid for UDAs that were not achieved and not reimbursed under one of the categories mentioned above are: - Financial Year Value of UDAs not completed or already reimbursed 2015-2016 £55,888 2016-2017 £132,297

Page 3 of 5 FOIA/DHSC/rvsd/01 Question 04: The amount of monies RE-CLAIMED by the department from General Dental Practitioners, for UDAs which were not completed on an annual basis for the years 2012 to date? While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. All of the information that you have requested is available from www.gov.im/media/ 1356831/dhsc-orthodontists-units-of-orthodontic-activity-and-community-dental- services.pdf as Question 04 to a response to a previous Freedom of Information request (IM084-057i) provided on the 19 May 2017. Question 05: The number of [UOAs] (units of [orthodontic] activity) contracted on an annual basis for orthodontic treatment for the years 2012 to date? While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. All of the information that you have requested is available from www.gov.im/media/ 1356831/dhsc-orthodontists-units-of-orthodontic-activity-and-community-dental- services.pdf as Question 03 to a response to a previous Freedom of Information request (IM084-057i) provided on the 19 May 2017. Question 06: The number of [UOAs] (units of [orthodontic] activity) contracted and the number of [UOAs] completed on an annual basis for orthodontic treatment the period 2012 to date? While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. All of the information that you have requested is available from www.gov.im/media/ 1356831/dhsc-orthodontists-units-of-orthodontic-activity-and-community-dental- services.pdf as Question 03 to a response to a previous Freedom of Information request (IM084-057i) provided on the 19 May 2017. Question 07: The amount of monies paid to dental practitioners for [UOAs] that have not been completed for orthodontic treatment on an annual basis for the years 2012 to date? While our aim is to provide information whenever possible, in this instance the information requested is exempt under section 30 of the Act, as disclosure would be likely to prejudice the commercial interests of both the dental practitioners and the Department of Health and Social Care. As section 30 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large. Factors in favour of disclosing the information include:  demonstrating the Department’s support of the Programme for Government’s strategic objective “Financially Responsible Government”, by ceasing a relationship with an underperforming contractor, ensuring best value for money going forward

Page 4 of 5 FOIA/DHSC/rvsd/01  eliminating the speculation as to why the contract was “snatched away” from the practitioner who has a good reputation with their patients, for which the Department receives “bad publicity”, largely online  transparency in the use of public funds Factors in favour of maintaining the exemption include:  preventing the direct identification of this practitioner, potentially damaging their reputation and ability to continue to trade  the likely impact upon the relationships with future contractors who may be discouraged from dealing with the public sector, fearing disclosure of information that may damage them commercially  the likelihood of interfering with ongoing investigations In assessing the weight to be attributed to each of the factors in favour of disclosing the information and maintaining the exemption, the Department has taken the following into consideration:  The severity of the impact of the prejudice is significantly weighted towards maintaining the exemption owing to the likelihood of the last three points.  The age of the information has been considered and as there are still ongoing investigations, the Department maintains that the information should not be disclosed  While disclosure would further the public interests identified above, the Department does not believe these factors outweigh the likely damage that could be caused following disclosure  While disclosure would correct misinformation, the Department does not feel this outweighs the factors of maintaining this exemption at this time, due to likelihood of interfering with ongoing investigations The purpose of the exemption is to protect the commercial interests of both the dental practitioners and the Department. If the information is disclosed then it would be likely to cause the following:
 Severely prejudice the Department’s relationship with the previous practitioner
 Substantially prejudice the any relationships with future contractors which will then prejudice the Department’s ability to attract third party contractor relationships to fulfil its statutory and non-statutory needs; this would obviously impact those who would rely upon those services  Severely prejudice any ongoing investigations In taking all of these factors into account the Department determines that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information. Question 08: The amount of monies re-claimed by the Department from General Dental Practitioners, for [UOAs] for orthodontic treatment, which were not completed on an annual basis for the years 2012 to date? In response to Question 08, there has been no reimbursement for UOAs not completed between 2012 to date.

Page 5 of 5 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