FOI Request - RPA/RPS Correspondence and Private Practice Oversight

Summary

The requester asked for correspondence regarding radiation protection and private practice oversight between Manx Care's RPA/RPS and the Executive Team. The Department of Health and Social Care refused the request, stating they do not hold the information as it is likely held by Manx Care.

Key Facts

• The request was made under the Freedom of Information Act 2015 (Isle of Man).
• The Department of Health and Social Care does not hold the requested documents.
• The information is likely held by Manx Care due to the separation of policy and service delivery.
• The Department was redesigned on 1 April 2021 following Sir Jonathan Michael's Independent Review.
• The requester was advised to re-submit the request directly to Manx Care.

Data Disclosed

• 4806926
• 2025-07-17
• 2025-08-21
• 1 January 2021
• 18 August 2025
• 1 April 2021
• 20 working days
• Section 11(3)a

Exemptions Cited

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

Original Request

Dear FOI Officer, Under the Freedom of Information Act 2015 (Isle of Man), I request copies of the following documents from 1 January 2021 to present: 1. Correspondence between Manx Care's Radiation Protection Adviser (RPA) and any member of the Executive Team or Radiology Department regarding: a. Ionising Radiation (Medical Exposure) Regulations 2019 compliance b. Radiation burden and patient exposure c. Private-practice sessions conducted within Manx Care facilities 2. Correspondence or reports authored by the Radiation Protection Supervisor (RPS) relating to: a. Governance oversight of radiological safety b. Scheduling or approval of private-practice imaging c. Any concerns raised about equipment use or patient risk Given the potential for internal conflicts of interest, I request that this FOI be handled independently by the designated FOI Officer and not delegated to any individual named in the scope of the request. Please provide these in electronic format. I confirm I am a resident of the Isle of Man and understand the statutory response period is 20 working days. 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: 4806926 18 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 documents from 1 January 2021 to present:

1. Correspondence between Manx Care's Radiation Protection Adviser (RPA) and any member of the Executive Team or Radiology Department regarding:

a. Ionising Radiation (Medical Exposure) Regulations 2019 compliance

b. Radiation burden and patient exposure

c. Private-practice sessions conducted within Manx Care facilities

1. Correspondence or reports authored by the Radiation Protection Supervisor (RPS) relating to:

a. Governance oversight of radiological safety

b. Scheduling or approval of private-practice imaging

c. Any concerns raised about equipment use or patient risk

Given the potential for internal conflicts of interest, I request that this FOI be handled independently by the designated FOI Officer and not delegated to any individual named in the scope of the request.

Please provide these in electronic format.

I confirm I am a resident of the Isle of Man and understand the statutory response period is 20 working days.

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 as it may be held by Manx Care.

You may wish to re-submit your request to Manx Care which is an option available on the Freedom of Information request portal, who may be able to help you.

To provide advice and assistance, the Department of Health and Social Care redesigned on 1 April 2021 as a direct result of Sir Jonathan Michael’s Independent Review of the Isle of Man Health and Care System. This Review continues to be a catalyst for change and improved service provision. The redesigned Department ensures the separation between the setting of policy and strategy and the delivery of services by Manx Care.

Please quote the reference number 4806926 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.