Midazolam usage in Abbotswood Nursing home under DHSC control 2020

Summary

A request was made for details regarding midazolam usage at Abbotswood Nursing Home in 2020 while under DHSC control, but the Department of Health and Social Care refused to provide the information.

Key Facts

• The Department of Health and Social Care does not hold the requested information regarding midazolam usage.
• Abbotswood Nursing Home remained a private legal entity even when DHSC representatives were in control.
• Information concerning normal operations at the nursing home was not owned by the Department.
• The refusal is based on Section 11(3)(a) of the Freedom of Information Act 2015.
• The request was received on 18 March 2025 and closed on 9 April 2025.

Data Disclosed

• 4521346
• 2025-03-18
• 2025-04-09
• March 2020
• April 2020
• May 2020
• Section 11(3)(a)
• Section 15

Exemptions Cited

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

Original Request

Please confirm if the drug "midazolam" was used at any point in March,april or may 2020 at Abbotswood, nursing home, Ballasalla, whilst the home was under the control of the DHSC If so, please confirm the dates of this usage if so, please confirm the units used if so, please confirm who gave the ultimate order for this usage best wishes

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: 4521346 09 April 2025

Dear ###

We write further to your request received 18 March 2025, which states:

"Please confirm if the drug "midazolam" was used at any point in March,april or may 2020 at Abbotswood, nursing home, Ballasalla, whilst the home was under the control of the DHSC

If so, please confirm the dates of this usage

if so, please confirm the units used

if so, please confirm who gave the ultimate order for this usage

best wishes"

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.

While our aim is to provide information whenever possible, under section 15 of the Freedom of Information Act 2015 (Duty to provide advice and assistance), when representatives of the Department were placed in control of Abbotswood Nursing Home, the nursing home was never brought under ‘ownership’ of the Department but remained a private legal entity. For this reason, any information surrounding ‘normal operations’ that was present in Abbotswood, was not owned by the Department nor under its control and not subject to the Freedom of Information Act 2015.

Please quote the reference number 4521346 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.