Student grants

Summary

The requester asked for confirmation that the Department of Education, Sport and Culture adheres to the 2019 Act regarding independent university student grants. The authority refused to fulfill the request, stating it was not required to answer questions or provide opinions, and that the information was not adequately described to be located.

Key Facts

• The request was received on 10 April 2025 and the outcome was issued on 12 May 2025.
• The Department of Education, Sport and Culture determined it does not hold or cannot find the requested information due to inadequate description.
• The authority cited Section 8 of the Freedom of Information (FOI) Act 2015, noting it does not require responses to questions, opinions, or yes/no answers.
• The requester had previously sought clarification on 14 April 2025 but maintained their original stance.
• The case reference number is 4581105.

Data Disclosed

• 10 April 2025
• 14 April 2025
• 12 May 2025
• 4581105
• Section 4 of the 2019 Act
• Section 8 of the Freedom of Information (FOI) Act 2015
• 19 months

Exemptions Cited

• Section 8 of the Freedom of Information (FOI) Act 2015 (request for opinion/confirmation rather than held information)
• Inadequate description of information preventing identification or location

Original Request

Confirmation as to whether the DESC is actually adhering to the provisions of the relevant Acts with regard to independent University student grants, without hiding behind GDPR with respect to blocking contributories who are still funding students. Potentially a waste of taxpayers money.

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: 4581105 12th May 2025

Dear ###

We write further to your request received 10 April 2025, which states:

"Confirmation as to whether the DESC is actually adhering to the provisions of the relevant Acts with regard to independent University student grants, without hiding behind GDPR with respect to blocking contributories who are still funding students. Potentially a waste of taxpayers money."

On 14th April 2025 we sought clarification as to what information you are seeking in order to identify and locate the information.

On 14th April 2025 you responded:

“Why can you not respond generally regarding this. The DESC has already hidden behind specific issues.

For clarity, kindly explain whether the DESC Grants team do adhere to all of the requirements of section 4 of the 2019 Act, with regard to independent students rules. I’m aware of situations where they have most definitely not adhered to the Act.

This is a continuance of 19 months of trying to get clarity.”

Our response to your request is as follows:

While our aim is to provide information whenever possible, in this instance the Department of Education, Sport and Culture does not hold or cannot, after taking reasonable steps to do so, find the information you have requested. The reason for this is, an adequate description of the information you are seeking has not been provided to enable the Department to identify and locate information.

Further, please note that section 8 of the Freedom of Information (FOI) Act 2015 provides a right to ‘information held by a public authority’ it does not provide any right to lodge, nor require a public authority to respond to, questions, the provision of an

opinion on a policy or other matter, confirmation or rebuttal of a statement, or a ‘yes/no’ answer.

For the above reasons the Department of Education, Sport and Culture is not required to comply with your request. Should you wish to submit a fresh information request in simplified terms please complete and submit the required form available on our website at www.gov.im/about- the-government/freedom-of-information/make-a-freedom-of-information-request/.
Please quote the reference number 4581105 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.

Yours sincerely

Information Governance Officer