Correspondence and Notes relating to Housing Deficiency Payments

Summary

The requester sought correspondence and notes regarding Housing Deficiency Payments between February and March 2024, resulting in a partial disclosure where some documents were released while others were withheld due to exemptions.

Key Facts

• The request was made to the Department of Infrastructure on 27 March 2024.
• The response was issued on 18 July 2024 with an outcome of 'Some information sent but part exempt'.
• The requester clarified interest in any meeting minutes containing discussions on housing deficiency payments, even if not the primary topic.
• Personal data was withheld under Section 25 as it was deemed absolutely exempt.
• Information relating to government policy formulation was withheld under Sections 34 and 35 after a public interest test.

Data Disclosed

• 27 March 2024
• 1st February 2024
• 18 July 2024
• 02/04/24
• S25(b)(i)&(ii)
• S34(a)
• S35(c)
• Article 5
• Article 6
• 5 pages
• 1 document

Exemptions Cited

• Section 25(b)(i)&(ii) - Absolutely exempt personal information
• Section 34(a) - Formulation of Government policy
• Section 35(c) - Prejudice to the effective conduct of public business

Original Request

Please provide all correspondence with Local Authorities and/or Treasury and other reports and/or documents (minutes of meetings, reports, file notes etc) in relation to Housing Deficiency Payments from 1st February 2024 to 27th March 2024 Clarification received 02/04/24: In the context I am specifically interested in matters relating to housing deficiency payments, yes. But for clarity, if you held a general meeting and within that meeting minutes there was discussion related to housing deficiency payments I would not want that excluded from this foi because the meeting was not primarily for housing deficiency. In those examples I'd be open to extracts or confirmation that the specific matters are referred to or covered in other minutes or correspondence. I suspect it is more the fund aspect but the documentation that has prompted my FOI used the term Housing Deficiency Payments. At this juncture I would err towards HDP and may resubmit if I feel it has not answered my query I've had another think about this and believe the fund is the appropriate definition Thanks

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Response Team Telephone: (01624) 686785 Email: dpo-doi@gov.im

Our ref: 3775761 18 July 2024

Dear ###

We write further to your request, received 27 March 2024, which states:

"Please provide all correspondence with Local Authorities and/or Treasury and other reports and/or documents (minutes of meetings, reports, file notes etc) in relation to Housing Deficiency Payments from 1st February 2024 to 27th March 2024

Clarification received 02/04/24: In the context I am specifically interested in matters relating to housing deficiency payments, yes.

But for clarity, if you held a general meeting and within that meeting minutes there was discussion related to housing deficiency payments I would not want that excluded from this foi because the meeting was not primarily for housing deficiency.

In those examples I'd be open to extracts or confirmation that the specific matters are referred to or covered in other minutes or correspondence.

I suspect it is more the fund aspect but the documentation that has prompted my FOI used the term Housing Deficiency Payments.

At this juncture I would err towards HDP and may resubmit if I feel it has not answered my query

I've had another think about this and believe the fund is the appropriate definition

Thanks"

Our response to your request is as follows:

Please see the information being released to you attached and information regarding the exemptions that have been applied below.

S25(b)(i)&(ii) While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because it is absolutely

exempt under section 25 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that: • The Department of Infrastructure is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department of Infrastructure is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that the Department of Infrastructure can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 and in this case, none of those conditions have been met.

S34(a)

While our aim is to provide information whenever possible, in this instance some of the information is exempt from disclosure under section 34 of the Act as it is held by a Government Department and it relates to the formulation of Government policy. As section 34 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 disclosure

• It contains factual information about the background of the policy
• Accountability and transparency

Factors in favour of withholding

• Ensuring a safe space for ministerial debate
• Mitigating the risk of a chill effect on free and frank discussions
• Potential to damage to the ongoing process of formulating the policy if exposed publicly
• Ongoing/ live matter

In taking these factors into account the Department of Infrastructure determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

S35(c) While our aim is to provide information whenever possible, in this instance the information is exempt under section 35 of the Act, as disclosure would likely otherwise prejudice the effective conduct of public business:

• The release of this information at this stage would likely prejudice the ongoing functions and development of the relating policy.

• This would likely impact the officers involved in these functions being able to have free and frank discussions and the conduct of normal business operations.

As section 35 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 disclosure - Increase public confidence in Government decision making process
- Giving insight into decision making process

Factors in favour of withholding - Disclosure would likely inhibit the functions of public business due to chilling effect amongst employees
- Need to maintain a safe space to allow the functions of public business to occur
- Ongoing/ live matter

In taking these factors into account the Department of Infrastructure determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

S40 While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 40 of the Act as it is information in respect of which a claim to legal professions privilege could be maintained in legal proceedings. As section 40 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. The matters which were considered in applying the public interest test are as follows:

Factors in favour of disclosure - Transparency and accountability

Factors in favour of withholding - Decisions made by the Department of Infrastructure require the legal context to be fully informed
- Legal advisers must be able to present the full picture
- Ongoing / live

In taking these factors into account the Department of Infrastructure determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Summary of redactions applied:

Page Redactions Exemptions applied 1-19 22-39 50-67 68-85 86-103 Various- some exempt information Section 34 (a) Section 35 (c)
Section 40 20-21 Personal Data 25 (2) (b)(i)- personal information
40-44 Various- some out of scope/ exempt information Section 35 (c) 45-46 Out of scope information N/A 47-49 Personal Data/ out of scope information
Section 25 (2)(b)(i)

Please quote the reference number 3775761 in any future communications.

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.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I 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 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 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 right to a review can be found on the Information Commissioner’s website at 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.

I will now close your request as of this date.

Yours sincerely

Jessie FOI Response Team