Removal of signs - E-mail Correspondence with XXRedacted NameXX

Summary

The requester sought documentation regarding the removal of disabled bay signs by Department of Infrastructure staff, including job descriptions and authorizations, following a dispute over the signs' storage and return. The Department responded that some information was sent but part of the request was exempt, citing a formal complaint that halted direct communication.

Key Facts

• Parish Wardens removed the disabled bay signs and stored them at the Ellerslie Depot.
• The requester questioned the authorization and job descriptions of the staff who removed the signs.
• A formal complaint was submitted by the requester, leading the staff member to cease direct communication.
• The Department of Infrastructure issued a partial exemption response on 21 June 2024.
• The signs were not returned to the requester's rear porch due to theft concerns.

Data Disclosed

• 2024-04-22
• 2024-06-21
• 19/04/2024
• 20/04/2024
• 22/04/2024
• 3815549
• 4
• 1
• (01624) 686785

Exemptions Cited

• Part exempt due to formal complaint halting communication

Original Request

This was an e-mail which I received from XXRedacted NameXX dated 19/04/2024 - "Subject: RE: Disabled Bay signs "Dear XX Requester XX, Our Parish Wardens removed the signs and would have handed them back to you. The wardens left them at our Ellerslie Depot because you weren't at home when they removed them. They have been on the shelf since, and I didn't want anything to happen to them without making contact with you first. No one asked me to make contact with you. After rearranging items on the same shelf, I remembered we still had the signs, so I emailed you. I included my director in the email I sent today, and Mrs Pedhuru has since reached out to me, urging me not to dispose of them. I mistakenly assumed you were aware of the department's intention to remove the signs after receiving written notification; I personally did not know you were on holiday at the time. Thank you for clarifying; this will explain why you haven't been in touch about their whereabouts. As far as I know, a risk assessment is not necessary, and as a result, I have not seen one. If I find out otherwise, I will ask if I can send you a copy. To avoid potential theft, we will not place the signs in a rear porch. If you would like to arrange collection, they are at our Ellerslie depot. Regards XXRedacted NameXX" This was my reply dated 20/04/2024 - "Dear XXRedacted NameXX Thank you for your e-mail. I note that you say 'Our Parish Wardens removed the signs'. Who are 'your' 'Parish Wardens'? I have to assume that 'your 'Parish Wardens" must be employed the Department. Is this the case and if it is, is the removing of signs part of their job descriptions ? If it is, please let me have a copy of such job descriptions. If it isn't part of their job descriptions, then can I assume that they were properly authorised to remove the signs? On the assumption that they were so authorised, please let me have copies of such authorisations. I suppose you expect me to believe that it was because 'After rearranging items on the same shelf, I remembered we still had the signs, so I emailed you'. From what you say , you remembered that you had the signs after you had re-arranged them; which doesn't stack up. In order for you to re--arrange the signs on the shelf you must have known that they were on the shelf. So, what is it to be? What sparked your memory that the signs were still on the shelf and why did you have a need to re-arrange them? You say 'To avoid potential theft, we will not place the signs in a rear porch. If you would like to arrange collection, they are at our Ellerslie depot.' However, this is at odds with this statement of yours 'Mrs Pedhuru ( I believe you mean Ms Pedhuru) has since reached out to me, urging me not to dispose of them.' Why is that? What were Ms Moreblessing Pedhuru's reasons for urging you not to dispose of them? So, what is it to be? Am I entitled to have the signs back or am I not so entitled? If your Parish Wardens drop the signs off at my rear porch, I'm prepared to take the risk of them being stolen. Kind regards XX Requester XX" This was **Redacted** reply to my e-mail dated 22/04/2024 - "Subject: RE: Disabled Bay signs Dear XX Requester XX, I been informed you have submitted a formal complaint in regards to this matter. This being the case, I will be unable to continue communications with you in regarding your disabled bay signs. Regards XXRedacted NameXX" The information I require is the documentation which I requested from XXRedacted NameXX in my e-mail to him of 20/04/2024, together with his answers to the questions which I put to him and the information which I requested.

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: 3815549 21 June 2024

Dear ###

We write further to your request, received 22 April 2024, which states:

"This was an e-mail which I received from XXRedacted NameXX dated 19/04/2024 -

"Subject: RE: Disabled Bay signs

"Dear XX Requester XX,

Our Parish Wardens removed the signs and would have handed them back to you. The wardens left them at our Ellerslie Depot because you weren't at home when they removed them.

They have been on the shelf since, and I didn't want anything to happen to them without making contact with you first. No one asked me to make contact with you. After rearranging items on the same shelf, I remembered we still had the signs, so I emailed you. I included my director in the email I sent today, and Mrs Pedhuru has since reached out to me, urging me not to dispose of them.

I mistakenly assumed you were aware of the department's intention to remove the signs after receiving written notification; I personally did not know you were on holiday at the time. Thank you for clarifying; this will explain why you haven't been in touch about their whereabouts.

As far as I know, a risk assessment is not necessary, and as a result, I have not seen one. If I find out otherwise, I will ask if I can send you a copy. To avoid potential theft, we will not place the signs in a rear porch. If you would like to arrange collection, they are at our Ellerslie depot.

Regards

XXRedacted NameXX"

This was my reply dated 20/04/2024 -

"Dear XXRedacted NameXX Thank you for your e-mail.

I note that you say 'Our Parish Wardens removed the signs'. Who are 'your' 'Parish Wardens'? I have to assume that 'your 'Parish Wardens" must be employed the Department. Is this the case and if it is, is the removing of signs part of their job descriptions ? If it is, please let me have a copy of such job descriptions. If it isn't part of their job descriptions, then can I assume that they were properly authorised to remove the signs? On the assumption that they were so authorised, please let me have copies of such authorisations.

I suppose you expect me to believe that it was because 'After rearranging items on the same shelf, I remembered we still had the signs, so I emailed you'. From what you say , you remembered that you had the signs after you had re-arranged them; which doesn't stack up. In order for you to re--arrange the signs on the shelf you must have known that they were on the shelf. So, what is it to be? What sparked your memory that the signs were still on the shelf and why did you have a need to re-arrange them?

You say 'To avoid potential theft, we will not place the signs in a rear porch. If you would like to arrange collection, they are at our Ellerslie depot.' However, this is at odds with this statement of yours 'Mrs Pedhuru ( I believe you mean Ms Pedhuru) has since reached out to me, urging me not to dispose of them.' Why is that? What were Ms Moreblessing Pedhuru's reasons for urging you not to dispose of them? So, what is it to be? Am I entitled to have the signs back or am I not so entitled?

If your Parish Wardens drop the signs off at my rear porch, I'm prepared to take the risk of them being stolen.

Kind regards

XX Requester XX"

This was Redacted’s reply to my e-mail dated 22/04/2024 -

"Subject: RE: Disabled Bay signs

Dear XX Requester XX,

XX Redacted MessageXX

Regards

XXRedacted NameXX"

The information I require is the documentation which I requested from XXRedacted NameXX in my e-mail to him of 20/04/2024, together with his answers to the questions which I put to him and the information which I requested."

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.

In addition, in this instance to comply with part of your request for information it would require the Department of Infrastructure to create or derive information from information that it holds. Which the Department is not required to do under Section 8 (3) of the Freedom of Information Act 2015.

Furthermore, the Department does not hold or cannot, after taking reasonable steps to do so, find some of the information you have requested.

Please find the information being released to you in Appendix 1.

Please quote the reference number 3815549 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.