Report DHSC management of case files & relationships with service user

Summary

A request was made for a report on the management of case files and relationships with service users in the Department of Health and Social Care, but the information was withheld as it is exempt under section 41 of the Act pending future publication.

Key Facts

• The requested report concerns allegations regarding the Department of Health and Social Care, Children and Family Services.
• The information is held but exempt from disclosure under section 41 of the Freedom of Information Act 2015.
• The report is scheduled to be published for the 17th October sitting of Tynwald.
• The exemption is maintained to allow Members of Tynwald to consider the matter before public release.
• The applicant has the right to request an internal review or apply to the Information Commissioner if dissatisfied.

Data Disclosed

• 30 June 2017
• 17th October
• IM95819I
• 01624 685452
• section 41

Exemptions Cited

• Section 41 of the Freedom of Information Act 2015 (information held with a view to future publication)

Original Request

Report of the Investigation, on behalf of Tynwald, into allegations relating to the management of case files and relationships with service users in the Department of Health and Social Care, Children and Family Services.

Data Tables (1)

Full Response Text

Telephone: 01624 685452 ATTORNEY GENERAL'S CHAMBERS Email: attgen@gov.im

2ND FLOOR, BELGRAVIA HOUSE

        CIRCULAR ROAD, DOUGLAS 
                                                                                                                                      ISLE OF MAN       IM1 1AE

REFERENCE NUMBER: IM95819I

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

Thank you for your on-line application dated 30 June 2017 requesting the following information:

“Report of the Investigation, on behalf of Tynwald, into allegations relating to the management of case files and relationships with service users in the Department of Health and Social Care, Children and Family Services.”

Response to your request

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 41 of the Act as it is held with a view to being published at a future date.

In the July sitting of Tynwald, the Minister of Policy and Reform confirmed that this report will be published for the 17th October sitting of Tynwald and available on the Tynwald business website: http://www.tynwald.org.im/about/tynwald/Pages/Business.aspx

In the circumstances it is reasonable that the information be withheld from disclosure until that time.

Public Interest Test

Section 41 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:
• promoting transparency in Government’s decision-making; • scrutinising Government’s actions and holding Government appropriately to account.

Factors in favour of maintaining the exemption include:
• enabling Members of Tynwald to consider the matter before the full report is made public; and • facilitating orderly debate in Tynwald at the appropriate time.

The underlying purpose of the exemption in section 41 is that information, which will be discussed in a public forum at a known future date, should not be prematurely disclosed.

In assessing the weight to be attributed to each of the factors in favour of disclosing the information and maintaining the exemption, the Attorney General’s Chambers has taken the following into consideration

• the fact that it has already been announced that the report will be made available to, and debated by, members of Tynwald at the October sitting; • the fact it has also been announced that the full report will be disclosed, so that although there will be a slight delay until October, the objectives of transparency and scrutiny will then be achieved.

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/about-the- government/freedom-of-information/freedom-ofinformation-review-request/ , a paper copy can be requested by contacting the Cabinet Office direct.

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 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.

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