To gather documentary evidence of breaches and approvals

Summary

The requester sought documentary evidence regarding private practice authorizations, compliance reports, and conflict-of-interest declarations for radiology consultants from the Department of Health and Social Care. The Department responded that it does not hold the specific information requested, citing that individual authorizations and conflict-of-interest data are managed by Manx Care, and no specific compliance reporting on private practice is required under the Operational Mandate.

Key Facts

• The Department of Health and Social Care does not hold individualized instructions authorizing specific private practice activity under Section 18 of the Manx Care Act.
• The Department provided a singular instruction to Manx Care allowing private practice activities provided they do not impede statutory functions.
• The Department does not require Manx Care to provide compliance reporting on private-practice activities as part of the Operational Mandate.
• Conflict-of-interest information and related meeting minutes for Manx Care employees are not held by the Department.
• The requester is advised to submit future requests for this specific information directly to Manx Care.

Data Disclosed

• 4806925
• 1 January 2021
• 2025-07-17
• 2025-08-21
• Section 18
• Manx Care Act 2021
• Manx Care Act 2018
• Section 11(3)a

Exemptions Cited

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

Original Request

Dear FOI Officer, Under the Freedom of Information Act 2015 (Isle of Man), I request copies of the following from 1 January 2021 to present: 1. DHSC authorizations under Manx Care Act 2021 Section 18 for private practice by radiology consultants; 2. Annual Mandate compliance reports referencing private-practice activity; 3. Conflict-of-interest declarations and minutes regarding (1) and (2) above where these were reviewed; I confirm I am a member of the public with a legitimate interest in these records. Please inform me of any fees or expected timeline. Kind regards, *REDACTED

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: 4806925 21 August 2025

Dear ###

We write further to your request received 17 July 2025, which states:

"Dear FOI Officer,

Under the Freedom of Information Act 2015 (Isle of Man), I request copies of the following from 1 January 2021 to present:

1. DHSC authorizations under Manx Care Act 2021 Section 18 for private practice by radiology consultants;

2. Annual Mandate compliance reports referencing private-practice activity;

3. Conflict-of-interest declarations and minutes regarding (1) and (2) above where these were reviewed;

I confirm I am a member of the public with a legitimate interest in these records. Please inform me of any fees or expected timeline.

Kind regards,

• REDACTED *"

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.

The Department has provided the below statements broken down to the three individual areas in your request.

1. The Department has not provided individualised instructions to Manx Care, authorising specific private practice activity under Section 18 of the Manx Care Act
2. The Department has provided a singular instruction to Manx Care to allow the

operation of private practice activities under the mentioned Section of the act, as long as those activities do not impede the statutory function of Manx Care under the Act.

If you wish to request information on private practice activity authorised by Manx Care, you can do so by placing an FOI request directly to Manx Care through the Isle of Man Government Freedom of Information portal linked here.

https://services.gov.im/freedom-of-information/

1. The Department does not require Manx Care to provide compliance reporting information with regards to ‘private-practice’ activities to the Department as part of the Operational Mandate.

If you wish to review further information with regards to the Mandate issued to Manx Care by the Department, please visit the website linked below.

https://www.gov.im/about-the-government/departments/health-and-social- care/mandate-framework/

1. The Department does not hold any conflict-of-interest information, or minutes of meetings discussing that information, collected by Manx Care for those in its employ.

If you wish to request information on conflicts of interest for Manx Care employees, you can do so by placing an FOI request directly to Manx Care through the Isle of Man Government Freedom of Information portal linked here.

Please quote the reference number 4806925 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.