Independent report into Children and Families

Summary

A request was made for an independent report on Children and Families by Paul Burnett and Bridgit Griffin, but the Cabinet Office refused to disclose it as it is held for future publication.

Key Facts

• The report is scheduled for publication in October 2017.
• The Cabinet Office determined that maintaining the exemption outweighs the public interest in immediate disclosure.
• The report will be laid before Tynwald and made publicly available via Hansard.
• Early disclosure could impact the formulation of the accompanying action plan.
• The request was received on 19 July 2017 and the response was issued on 4 August 2017.

Data Disclosed

• 19 July 2017
• 4 August 2017
• 18 July 2017
• October 2017
• Section 41
• IM95824I
• 61 T134 RHC
• line 2360
• 2 pages
• 1 document

Exemptions Cited

• Section 41 of the Freedom of Information Act 2015 (Information for future publication)

Original Request

Copy of the independent report into Children and Families by Paul Burnett and Bridgit Griffin

Data Tables (1)

Full Response Text

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REFERENCE NUMBER: IM95824I

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Thank you for your on-line application dated 19 July 2017 requesting the following information:
“I would like a copy of the independent report into Children and Familes [sic] by Paul Burnett and Bridgit Griffin, about which a statement was made in Tynwald this week.” Response to your request
While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure as it is held with a view to being published at a future date. This information is not yet publically available, and as per the Hansard recording of Tynwald from 18 July (corrected; initial disclosure stated June in error) 2017 (61 T134 RHC – line 2360), there is a public

commitment to ensure “a comprehensive and valid action plan, alongside the Report with its recommendations published, warts and all, in October for a full debate.” The report will then be laid before Tynwald, and also made publically available, again via Hansard at: http://www.tynwald.org.im/about/tynwald/Pages/Business.aspx and in all the circumstances it is reasonable that the information be withheld from disclosure until that time. Section 41 of the Act; information for future publication is a qualified exemption and therefore 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:
 That the release of information would provide transparency in decision making;  Appropriately holding Government to account and scrutinising its actions. Factors in favour of maintaining the exemption include:  Publication of the report and disclosure would contravene any previous undertakings made as part of advice obtained within the investigation procedure process;  Enabling Members of Tynwald to consider the matter before the full report is made public;  That disclosure could result in information being disclosed that may impact on the formulation of the action plan, misdirecting effort or focus;  Publication is imminent and therefore it is reasonable to withhold the information until publication has occurred.

Government Office DOUGLAS Isle of Man IM1 3PN Tel: (+44) 01624 686244 Fax: (+44) 01624 685710 Website www.gov.im/co
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In assessing the weight to be attributed to each aspect of these arguments the Cabinet Office has to considered the impact the publication of the report, along with any wider public debate generated, and to allow an appropriate time and space for an unbiased formulation and creation of the action plan. In taking these considerations into account the Cabinet Office has determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information. 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, Cabinet Office, Government Office, Douglas, Isle of Man, IM1 3PN. An electronic version of our complaint form can be found by going to our website https://www.gov.im/foireview. If you would like a paper version of our complaint form to be sent to you by post, please contact us and we 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 apply for a review of decisions by 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 rights to review is on the Information Commissioner’s website at: https://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.