Prohibited Steps Order

Summary

A request was made for statistics on Prohibited Steps Orders and child removal cases over the last 15 years, but the Department of Home Affairs refused to provide the data as it is not centrally collated.

Key Facts

• The Department of Home Affairs does not centrally collate information on Prohibited Steps Orders.
• The requested data may exist within individual case files held by the Family Court Welfare service.
• Complying with the request would require creating or deriving information, which is not required under the Act.
• The requester was advised to redirect their query to the Isle of Man Courts.
• The request was closed on 27 November 2024.

Data Disclosed

• 15 years
• 2024-11-11
• 2024-12-02
• 27 November 2024
• 4251121

Exemptions Cited

• Section 11(3)b of the Freedom of Information Act 2015 (Practical Refusal Reason)
• Section 8(3) of the Freedom of Information Act 2015 (things a public authority is not required to do)

Original Request

Can you please advise how many times in the last 15 years prohibited steps orders have been made by the Isle of Man courts. How many orders have been broken by a parent removing a child or children from the Island? Has anyone after breaking a prohibited steps order been made to return to the island by the courts? How many people have been prosecuted for breaking a order How many Children have not been returned to the island? How many of the children not returned to the Island are Manx born.

Data Tables (1)

Full Response Text

Freedom of Information Coordinator DHA Headquarters Tromode Road, Douglas, Isle of Man, IM2 5AP

Telephone: (01624) 687017 Web address: www.gov.im/dha
Email: DPO-DHA@dha.gov.im

Our ref: 4251121 27 November 2024

Dear ###

We write further to your request received 11 November 2024, which states:

"Can you please advise how many times in the last 15 years prohibited steps orders have been made by the Isle of Man courts.
How many orders have been broken by a parent removing a child or children from the Island?
Has anyone after breaking a prohibited steps order been made to return to the island by the courts?
How many people have been prosecuted for breaking a order
How many Children have not been returned to the island?
How many of the children not returned to the Island are Manx born."

While our aim is to provide information whenever possible, in this instance, complying with your request for information has engaged a Practical Refusal Reason under Section 11(3)b of the Freedom of Information Act 2015 (the Act), insofar as it would require the Department to do one or more of the matters mentioned in Section 8(3) (things a public authority is not required to do by the Act).

Our correspondence with the Family Court Welfare service has determined that this information is not centrally collated, however it may be held within individual case files.
Due to the nature of Family Court Welfare’s filing systems, complying with your request would require the Department to undertake research into, or analysis of, information that it holds and create or derive information from those records.

In line with our duty to provide advice and assistance under section 15 of the Act, you may wish to redirect your query to the Isle of Man Courts who may hold and centrally collate this information, which would enable a response to your request with the figures queried.

A request for information can be submitted to the Isle of Man Courts online by following this link: https://www.courts.im/freedom-of-information/, and selecting “General Registry” from the drop-down menu supplied.

Please quote the reference number 4251121 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.