Ofsted inspection terms of reference
| Authority | Department of Health and Social Care |
|---|---|
| Date received | 2024-11-26 |
| Outcome | Some information sent but not all held |
| Outcome date | 2025-01-24 |
| Case ID | 4280269 |
Summary
The requester asked for Ofsted inspection terms of reference regarding children's services and emails concerning disability service inspections. The Department of Health and Social Care provided some information but withheld specific documents citing exemptions under Section 25 and Section 30(2)(b) of the Freedom of Information Act.
Key Facts
- The request was made to the Department of Health and Social Care on 2024-11-26.
- The authority responded on 2025-01-24 with an outcome of 'Some information sent but not all held'.
- The response included 18 pages across 2 documents.
- Information was withheld based on Section 25 (Classified Information) and Section 30(2)(b) (Investigations and proceedings).
- The request specifically targeted terms of reference for children's services and emails regarding disability service inspections.
Data Disclosed
- 2024-11-26
- 2025-01-24
- 18
- 2
- 4280269
Exemptions Cited
- Section 25
- Section 30(2)b
Original Request
Dear sirs Please provide the terms of reference for the review undertaken by Ofsted in to children's services Please provide copies of any emails that mentions how children's disability services should be inspected and what this should include.
Data Tables (2)
| Public Interest Test | |
|---|---|
| Factors in favour of disclosure | Factors in favour of maintaining the exemption |
| Promoting accountability and transparency of public authorities. | The Department must retain relationship integrity with its regulatory network. With the enactment of the new legislation and regulation reform, it will be necessary to continue commissioning external regulators and subject matter experts (SME). Disclosure of financial information may hinder such professionals from being willing to assist in the future. |
| Disclosure of this information may reassure the public by demonstrating the proactive work in regulation. | This may discourage future exchanges of open and transparent communication between external regulators, SME’s (as referenced above) and the Department. This would reduce the effectiveness of the regulatory ability of the Department and the introduction of any new legislation and/or regulations of health and social care service providers in the future. |
| Encourage service providers to work with the Department and contribute to regulatory activities. | To disclose specific information in the public domain, relating to a particular regulator and/or their regulatory practices, may deter other key stakeholders (regulators/SME’s) from sharing important material with the Department, which could undermine our regulatory functions. |
| Increase confidence in the Department as a regulator. | Should the Department disclose the requested information this may harm the outcome of any future regulatory work by the Department, or another regulatory body by exposing techniques and practices to the detriment of the service providers. |
|---|---|
| Disclosing information relating to matters of public interest, spending decisions or regulation monitoring. | Complying with this request would set a precedent, this would make it more difficult to refuse such requests for similar information in the future; specifically for any service level agreements, contracts and financials of external regulators, SME’s etc. This would potentially harm any procurement process the Department may need to undertake with the aforementioned, to undertake any regulatory functions on the island. |
| Disclosure of financial information as part of an agreement with a commissioned external regulator and/or subject matter expert, may discourage working with the Department or public authority in future, especially if it is either a smaller entity and/or sole trader. |
Full Response Text
Section 25
Section 25 Section 25
Section 25 Section 30(2)b Section 30(2)b Section 30(2)b Section 30(2)b Section 25 Section 25
Section 25 Section 25 Section 25 Section 25
Chief Officer: Paul Richardson Freedom of Information Team First Floor Belgravia House Circular Road Douglas IM1 1AE
Our ref: 4280269 24 January 2025
Dear ###
We write further to your request, received 26 November 2024, which states:
"Dear sirs
Please provide the terms of reference for the review undertaken by Ofsted in to children's services
Please provide copies of any emails that mentions how children's disability services should be inspected and what this should include."
Under Section 14 of the Freedom of Information Act 2015 (Public authority may request additional information and fees), on 19 December 2024 the Department of Health & Social Care (the Department) requested clarification on ‘Part one’ of your request regarding ‘the terms of reference (TOR)’.
Confirmation was received on the same day that the reference to TOR would include ‘Service level agreement (SLA)’ in relation to the Department contracting services with the external provider.
Our response to your request is as follows:
Part one – ‘Please provide the terms of reference for the review undertaken by Ofsted into children's services’
The Department would like to direct you to the attached document titled ‘Doc (SLA – redacted)’ for a copy of the SLA used between the Department and the Office for Standards in Education, Children's Services and Skills (OFSTED).
While our aim is to provide information whenever possible some of the information you have requested has been identified as ‘absolutely exempt’ from disclosure under Section 25 of the Freedom of Information Act 2015 (Absolutely Exempt Personal Information), we are not required to provide information in response to a request that would breach an individual’s personal rights.
The information redacted from publication held within the referenced document includes; names of persons not employed by the Department, or officers internal to the Department that are below the grade of Higher Executive Officer (HEO) and/or not those who have not been directly involved in supplying or contracting the services.
While our aim is to provide information whenever possible, some of the information you have requested has also been identified as ‘qualified exempt’ from disclosure under Section 30(2)b of the Freedom of Information Act 2015 (Economy and Commercial Interests), as ‘its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the public authority holding it)’.
Taking this into consideration, the Department is satisfied that the information contained within the SLA relates to monitory values set as part of the agreement between the Department and OFSTED, the publication of which may affect current and / or future agreements or service procurement for either party, therefore the exemption to disclosure under section 30(2)(b) of the act is engaged.
As Section 30 of the Act 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. The public interest test is as follows –
Public Interest Test Factors in favour of disclosure Factors in favour of maintaining the exemption Promoting accountability and transparency of public authorities. The Department must retain relationship integrity with its regulatory network. With the enactment of the new legislation and regulation reform, it will be necessary to continue commissioning external regulators and subject matter experts (SME). Disclosure of financial information may hinder such professionals from being willing to assist in the future. Disclosure of this information may reassure the public by demonstrating the proactive work in regulation. This may discourage future exchanges of open and transparent communication between external regulators, SME’s (as referenced above) and the Department. This would reduce the effectiveness of the regulatory ability of the Department and the introduction of any new legislation and/or regulations of health and social care service providers in the future. Encourage service providers to work with the Department and contribute to regulatory activities. To disclose specific information in the public domain, relating to a particular regulator and/or their regulatory practices, may deter other key stakeholders (regulators/SME’s) from sharing important material with the Department, which could undermine our regulatory functions.
Increase confidence in the Department as a regulator. Should the Department disclose the requested information this may harm the outcome of any future regulatory work by the Department, or another regulatory body by exposing techniques and practices to the detriment of the service providers. Disclosing information relating to matters of public interest, spending decisions or regulation monitoring. Complying with this request would set a precedent, this would make it more difficult to refuse such requests for similar information in the future; specifically for any service level agreements, contracts and financials of external regulators, SME’s etc. This would potentially harm any procurement process the Department may need to undertake with the aforementioned, to undertake any regulatory functions on the island.
Disclosure of financial information as part of an agreement with a commissioned external regulator and/or subject matter expert, may discourage working with the Department or public authority in future, especially if it is either a smaller entity and/or sole trader.
Part two – ‘Please provide copies of any emails that mentions how children's disability services should be inspected and what this should include.’
While our aim is to provide information whenever possible, in this instance the Department of Health and Social Care (the Department) is unable to provide 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 4280269 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;
- Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or
- 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.