Information regarding Braddan Commissioner's Roundhouse

Summary

The requester asked for legal evidence regarding the Department of Health and Social Care's right to restrict access to the Braddan Commissioner's Roundhouse and correspondence between the Health Minister and Chief Executive. The Department responded that it does not hold the requested information, citing practical refusal reasons and directing the applicant to other government resources for land ownership and public rights of way data.

Key Facts

• The Department of Health and Social Care does not hold evidence confirming its legal rights to close or restrict vehicular access to the Roundhouse.
• Applicants are directed to the Isle of Man Land Registry for proof of land ownership around the Roundhouse.
• Applicants are directed to the Department of Infrastructure's Public Rights of Way website for mapping data.
• Correspondence prior to 24 April 2024 was deemed reasonably accessible via a previous FOI response (reference #3822123).
• Correspondence on or after 24 April 2024 was not held or could not be found after reasonable steps.

Data Disclosed

• 3860377
• 2024-05-16
• 2024-06-03
• 8 January 2024
• 16 May 2024
• 24th April 2024
• 3822123
• Section 11(3)a
• Section 15
• Section 20
• 3 pages
• 1 document

Exemptions Cited

• Section 11(3)a of the Freedom of Information Act 2015 (Information not held or cannot be found after reasonable steps)
• Section 20 of the Freedom of Information Act 2015 (Information accessible to applicant by other means)

Original Request

Please can you provide the following: 1) Please provide evidence, specifically documents and legislation, that confirms the Department of Health and Social Care has the legal rights to close and/or restrict vehicular access to The Roundhouse on the Strang Corner Fields. 2) Please provide correspondence, specifically emails and letters, that reference the decision to restrict access between the Health Minister and the Chief Executive of Department of Health Social Care from the 8 January 2024 to date (16 May 2024).

Data Tables (1)

Full Response Text

Chief Officer: Paul Richardson Freedom of Information Team First Floor Belgravia House Circular Road Douglas IM1 1AE

Our ref: 3860377 3 June 2024

Dear ###

We write further to your request received 16 May 2024, which states:

"Please can you provide the following:

1) Please provide evidence, specifically documents and legislation, that confirms the Department of Health and Social Care has the legal rights to close and/or restrict vehicular access to The Roundhouse on the Strang Corner Fields.

2) Please provide correspondence, specifically emails and letters, that reference the decision to restrict access between the Health Minister and the Chief Executive of Department of Health Social Care from the 8 January 2024 to date (16 May 2024)."

Question 1.

Whilst our aim is to provide information whenever possible, in this instance the Department of Health and Social Care (the Department) does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. This is in line with Section 11(3)a of the Act, as a practical refusal reason applies; namely we do not hold or cannot, after taking reasonable steps to do so, find the information that you have requested.

Under Section 15 of the Freedom of Information Act 2015 (Duty to provide advice and assistance), the Department can direct you to the Isle of Man’s Land Registry for proof of ownership of the land around the North East, East and South East of the Roundhouse property. Information and direction can be found here, https://www.gov.im/landregistry. Secondly the Department can direct you to the Department of Infrastructure’s ‘Public Rights of Way’ website where mapping can be accessed to show what current registered Public Rights of Way that are located in the area of the Roundhouse. This can be found here, https://www.gov.im/about-the- government/departments/infrastructure/public-rights-of-way-prows/.

Question 2.

For the information requested that is prior to 24th April 2024, while our aim is to provide information whenever possible, under Section 20 of the Freedom of Information Act 2015 (Information accessible to applicant by other means), 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. This information has previously been provided as part of an FOI response and can be found through the Isle of Man Government Freedom of Information search function by searching for FOI number

3822123.

For the information requested that is on or after 24th April 2024 the Department does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. This is in line with Section 11(3)a of the Act, as a practical refusal reason applies; namely we do not hold or cannot, after taking reasonable steps to do so, find the information that you have requested.

Please quote the reference number 3860377 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.