University College Isle of Man Monitoring Documents

Summary

The requester asked for investigation reports and action plans regarding University College Isle of Man's compliance with union monitoring document obligations between June 2022 and February 2025. The Department of Education, Sport and Culture withheld all information, citing exemptions related to the conduct of public business and confidential information.

Key Facts

• The request was received on 4 February 2025 and responded to on 3 March 2025.
• The authority confirmed that the requested information is held but exempt from disclosure.
• The exemption is based on Section 35(c) regarding the prejudice to the effective conduct of public business.
• Some information is also considered absolutely exempt under Section 26 as it was provided in confidence.
• The Department argued that disclosure could inhibit staff from expressing themselves openly in future investigations.

Data Disclosed

• 22 June 2022
• February 2025
• 4 February 2025
• 3 March 2025
• 4420873
• Section 35
• Section 26
• IM4 3AS

Exemptions Cited

• Section 35(c) - Conduct of Public Business
• Section 26 - Information provided in confidence

Original Request

Please can the Department of Education, Sport and Culture provide me with: 1. All reports and findings from any investigations conducted between 22 June 2022 and February 2025 regarding University College Isle of Man's compliance with its obligation to provide Monitoring documents to unions contained within the Terms and Conditions of Service for Lecturers document. 2. Any action plans or outcomes resulting from such investigations.

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: 4420873 3rd March 2025

Dear ###,

We write further to your request, received 4 February 2025, which states:

"Please can the Department of Education, Sport and Culture provide me with:

1. All reports and findings from any investigations conducted between 22 June 2022 and February 2025 regarding University College Isle of Man's compliance with its obligation to provide Monitoring documents to unions contained within the Terms and Conditions of Service for Lecturers document.

2. Any action plans or outcomes resulting from such investigations.

Thank you."

Our response to your request for information is as follows:

Section 35 (c) – Conduct of Public Business

While our aim is to provide information whenever possible, in this instance the information is exempt under section 35 of the Act, as disclosure would be likely to otherwise prejudice the effective conduct of public business.

As section 35 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
• Disclosure of the information would support transparency and promote openness and accountability to the general public.

Factors in favour of withholding

• Disclosure would be likely to inhibit public authority staff to express themselves openly, honestly and completely when contributing information to

investigations in future. The authority needs a ‘safe space’ in which to consider information and make decisions and disclosure may prejudice this and/or interfere with or distract from the process, or would prejudice or undermine the information itself, rather than the frankness of the information specifically.

• Disclosure of the information could prejudice the implementation of any possible outcomes of the investigation, as the Department requires an opportunity to fully consider information away from public gaze.

• The authors and contributors know and understand the exact context of the information. There is a risk that should the Department disclose the information that the information could be misinterpreted and therefore may be misleading the public.

• The information will be of interest to a limited number of stakeholders and is unlikely to be of general public interest.

• The timing of the request.
Further, the Department determines in this instance some of the information is also absolutely exempt under section 26 of the Act (Information provided in confidence). Please quote the reference number 4420873 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.