Settlement Agreements

Summary

The requester asked for statistics and templates regarding Settlement Agreements issued by the Department of Health and Social Care since September 2021. The Department responded that it does not hold this information, explaining that such matters are managed by the separate Public Service Commission.

Key Facts

• The Department of Health and Social Care does not hold the requested information on Settlement Agreements.
• The refusal is based on Section 11(3)a of the Freedom of Information Act 2015.
• Settlement agreements may relate to the Mutually Agreed Resignation Scheme (MARS) operated by the Public Service Commission (PSC).
• The PSC is a separate public authority and the requester was advised to redirect their query there.
• The request was formally closed on 23 January 2025.

Data Disclosed

• September 2021
• 2024-12-31
• 2025-01-23
• 4339697
• Section 11(3)a

Exemptions Cited

• Section 11(3)a of the Freedom of Information Act 2015 (Information not held)

Original Request

Dear Sir, Please may you provide me with the total number of Settlement Agreements that have been issued by the Department of Health and Social Care between September 2021 and current. Please may this be broken down into a table which categorises the reason for the Settlement Agreement (e.g. disciplinary etc.) and also the monetary compensation figure associated with each respective Settlement Agreement. Lastly, please may you provide me with a blank copy of the Settlement Agreement that is currently on file that would be used as a template to fill in the blanks as per se. Thanks.

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: 4339697 23 January 2025

Dear ###

We write further to your request received 31 December 2024, which states:

"Dear Sir,

Please may you provide me with the total number of Settlement Agreements that have been issued by the Department of Health and Social Care between September 2021 and current.

Please may this be broken down into a table which categorises the reason for the Settlement Agreement (e.g. disciplinary etc.) and also the monetary compensation figure associated with each respective Settlement Agreement.

Lastly, please may you provide me with a blank copy of the Settlement Agreement that is currently on file that would be used as a template to fill in the blanks as per se.

Thanks."

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.

To provide advice and assistance, the Department is staffed by Officers employed by
the Public Service Commission (“PSC”), the matter referred to in your request (settlement agreements) may relate to the Mutually Agreed Resignation Scheme (“MARS”), operated by PSC.

As the PSC is a separate public authority; you may wish to redirect this query to the PSC who may be able to provide the information requested.

PSC can be contacted via the same portal through which you submitted this request, please select “Public Service Commission” from the list of Public Authorities on the request submission form.

Please quote the reference number 4339697 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.