MHK Statement

Summary

A request was made for internal and external communications regarding a Manx Care statement accusing MHK Julie Edge of factual errors, as well as the chain of command for publishing statements. Manx Care refused to disclose any information, citing exemptions related to the conduct of public business.

Key Facts

• The request concerned communications about a statement accusing Onchan MHK Julie Edge of making incorrect claims regarding a code red issue at Noble's Hospital.
• Manx Care withheld all information under Section 35(b) and (c) of the Freedom of Information Act 2015.
• The authority argued that disclosure would prejudice the effective conduct of public business by inhibiting frank internal deliberations.
• A public interest test was conducted, with factors favoring withholding deemed to outweigh those favoring disclosure.
• The request was formally closed on 20 March 2025.

Data Disclosed

• 4474762
• 2025-02-25
• 2025-03-24
• 20 March 2025
• Section 35(b)&(c)
• IM4 4R
• (01624) 650 000

Exemptions Cited

• Section 35(b) - Conduct of public business
• Section 35(c) - Conduct of public business

Original Request

I seek publication of all internal and external written communications about the statement issued by Manx Care which accused Onchan MHK Julie Edge of making a 'sweeping and factually incorrect' statement regarding a code red issue at Noble's Hospital. Furthermore, I seek publication of the chain of command for Manx Care in relation to publishing statements.

Data Tables (1)

Full Response Text

Manx Care Noble’s Hospital, Strang Braddan, Isle of Man IM4 4R (01624) 650 000

Our ref: 4474762 20 March 2025

Dear ###

We write further to your request, received 25 February 2025, which states:

"I seek publication of all internal and external written communications about the statement issued by Manx Care which accused Onchan MHK Julie Edge of making a 'sweeping and factually incorrect' statement regarding a code red issue at Noble's Hospital.

Furthermore, I seek publication of the chain of command for Manx Care in relation to publishing statements."

Our response to your request is as follows:

Section 35(b)&(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. Manx Care is satisfied that by their nature communication around statements issued, or for the provision of advice, is an exchange of views for deliberation of options; as such, timely discussions are essential and need to be uninhibited with engaged participation. In particular, any disclosure under the Act is deemed as a disclosure to the world rather than a disclosure to an individual requestor, and as such the information is uncontrollable once published. Manx Care wishes to protect both the current and future due process, and in this instance, we are satisfied that disclosure would likely have an adverse effect on Manx Care's ability to fully meet these broader objectives and purpose.

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 • Openness and transparency by disclosing the information sought. • Accountability to the general public in respect of operational activities. • Allow the public to scrutinise the actions of Manx Care and be held to account for the decision-making and reasoning behind public statements.

Factors in favour of withholding • It is essential that Manx Care has a safe space in which to make decisions and conclude internal discussions, and disclosure may prejudice this and/or interfere with, detract or undermine this process • Disclosure of the information is likely to impair future internal discussions on matters which are yet to be concluded. • The information could be misinterpreted at this time. • A public statement regarding this matter has confirmed that internal investigations were raised with the Manx Care Board and IOM Government. • There is no evidence to suggest that disclosure of this information will serve a wider public interest at this time.

Please quote the reference number 4474762 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.