Commitees, Board, Agencies and Offices

Summary

The requester asked for a list of committees, boards, and agencies linked to the Department of Education, Sport and Culture, along with their terms of reference and delegated powers. The Department disclosed details for the Arts Council, Religious Education Advisory Committee, IOM Sport Committee, Education Council, and School Governing Bodies, while citing Section 20 to withhold information already reasonably accessible online.

Key Facts

• The Department provides secretariat support for the Education Council but not direct funding.
• Members of the Education Council and School Governing Bodies can claim attendance allowances and travel expenses.
• The Education Council is an advisory body with no decision-making power, governed by the Education Act and 2016 Regulations.
• School Governing Bodies have specific powers including approving suspensions exceeding 10 days and uniform policies.
• The Minister chairs the Education Council meetings, which occur three times per academic year.

Data Disclosed

• 2024-09-25
• 2024-10-22
• Attendance Allowances Order 2008
• Payment of Members' Expenses (Travelling Allowances) Order 2022
• Education Act
• 2016 Education Council Regulation
• 10 days
• 3 to 6 members
• 3 times per academic year
• Section 20

Exemptions Cited

• Section 20 of the Act (information already reasonably accessible)

Original Request

Please supply a list of all Commitees, Board, Agencies and Offices which: (a) are staffed by officers within the Department; (b) recieve funding from the Department; (c) are under the direction or control of Department; or (d) share facilities, funding or staffing with Department Futher please also provided the terms of reference, membership and funding details for any of the bodies which meet the above. Finally please detail to what, if any, extent the bodies above have been given a delgated power(s) under by the Department's Minister.

Data Tables (1)

Full Response Text

Policy, Strategy and Governance Division Department of Education, Sport and Culture Thie Slieau Whallian Foxdale Road St Johns IM4 3AS

Telephone: (01624) 685808 Website: www.gov.im/dec Email: dec@foi.gov.im

Our ref: 4149237 22 October 2024

Dear ###

We write further to your request, received 25 September 2024, which states:

"Please supply a list of all Committees, Board, Agencies and Offices which:

(a) are staffed by officers within the Department;

(b) receive funding from the Department;

(c) are under the direction or control of Department; or

(d) share facilities, funding or staffing with Department

Further please also provided the terms of reference, membership and funding details for any of the bodies which meet the above.

Finally please detail to what, if any, extent the bodies above have been given a delegated power(s) under by the Department's Minister."

Our response to your request is as follows:

Committee, Board, Agencies and Offices Information Attached
Arts Council
Arts Council Constitution 2024 Religious Education Advisory Committee
Religious Education Advisory Committee Regulations 2004 IOM Sport Committee IOM Sport Constitution Sept 2024

Education Council

(a) The Department only provide secretariat support for the Education Council and the secretariat function for an individual School Governing Bodies is provided by the school.

(b) Neither the Education Council or School Governing Bodies receive funding from the Department, but members are able to claim attendance allowance and travel expenses following the Attendance Allowances Order 2008 and the Payment of Members’ Expenses (Travelling Allowances) Order 2022

(c) The Education Council is governed by the Education Act and 2016 Education Council Regulation. As an advisory body, it has no decision power but will discuss and when requested review, comment and feedback on educational policies and acts as a conduit between the Department and schools through being governors on several School Governing Bodies.

Each Isle of Man school has a Governing Body which has a duty to ensure the delivery of quality education in its school. It has responsibility over the general conduct and management of the school and works closely with its head teacher to establish and review the curriculum and the school improvement plan and to maintain or improve the standards expected.

School Governing Bodies are governed by the specific school’s Articles and Instruments of Government, which can be accessed here, this defines which decisions they can take (approve organisation and management policies made in accordance to the general directions of the Department; approve suspensions for exceeding 10 days total in any term or terminate such suspensions; approve the prescription made by the Headteacher regarding the uniform dress and rules governing personal appearance).

Articles and Instruments While our aim is to provide information whenever possible, under section 20 of the Act, 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. Most of the information that you have requested is available from:
https://www.gov.im/about-the-government/departments/education-sport-and- culture/information-and-publications/e/#accordion

(d) Both the Education Council and School Governing Bodies attend meetings in person either within the Department or with School and as above, secretariat support is provided.

Further please also provide the terms of reference, membership and funding details for any of the bodies which meet the above. Finally please detail to what, if any, extent the bodies above have been given a delegated power(s) under by the Department's Minister”

While our aim is to provide information whenever possible, under section 20 of the Act, 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. Most of the information that you have requested is available from:
https://www.gov.im/about-the-government/departments/education-sport-and- culture/education-council/

By way of advice and assistance the Department has an Education Council which sits as an advisory board 3 times per academic year and meets in person in the

Department’s office. The Minister chairs the meeting and the Chief Officer also attends the meetings to provide members with Departmental updates.

A governing body consists of 3 to 6 members as follows:

1 member of the Education Council appointed by the Department

1 parent governor representing parents of registered pupils

1 teacher governor representing the permanent teaching staff of the school

Up to 3 co-opted governors appointed by the governing body.

The Governing Body of Bunscoill Ghaelgagh, St Mary’s, and St Thomas schools are uniquely constituted and described in their respective instrument of government.

Delegated power is not applicable, decisions and responsibilities of both the Education Council and School Governing Bodies are set out above in section (c).

Skills Board

Section 41 Information for future publication 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.
By way of advice and assistance the Department are currently working on a skills board webpage which will be live on a central website from the 15th November 2024 and the Department has determined it is reasonable that the information be withheld from disclosure until that time.

As section 41 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
• Transparency – Disclosure of the information would support transparency and promote openness and accountability to the general public.

Factors in favour of withholding
• Could result in information being disclosed which isn’t accurate therefore misleading the public.

In taking these factors into account the Department of Education, Sport and Culture determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

The Board doesn’t have delegated powers from any Minister, three Minister’s and one political member have voting powers.

Redacted Information

s25(b)(i)&(ii) Absolutely exempt personal information

While our aim is to provide information whenever possible, in this instance we are unable to provide some 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 Education Sport and Culture is satisfied that the information amounts to personal data of which you are not the data subject; and
• The Department of Education Sport and Culture 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 Education Sport and Culture 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.

Please quote the reference number 4149237 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 Information Governance Officer