FOI Request - Litigation History of Manx Care Radiology Department

Summary

A request was made for a complete list of litigation history involving Manx Care's Radiology Department from 2016 to 2025, including case details and supporting documents. The authority responded that the information is not held and cannot be found after taking reasonable steps.

Key Facts

• Manx Care refused the request under section 11(3)a of the Freedom of Information Act 2015.
• The refusal reason is that the authority does not hold the requested information or cannot find it after reasonable steps.
• The request covered court actions (civil, criminal, or regulatory) from 1 January 2016 to the date of the request.
• The authority suggested contacting the Attorney General's Chambers for potential assistance.
• The response was issued on 6 August 2025 regarding a request received on 21 July 2025.

Data Disclosed

• 4816318
• 2025-07-21
• 2025-08-07
• 1 January 2016
• section 11(3)a
• section 4(1)
• 20 working days

Exemptions Cited

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

Original Request

Dear Freedom of Information Officer, I write under the Isle of Man Freedom of Information Act 2015 to request the following information relating to legal proceedings involving Manx Care's Radiology Department. 1. Scope of Request Please provide a complete list of all court actions (civil, criminal or regulatory) in which Manx Care's Radiology Department or any Radiologist employed by Manx Care has been named as defendant or co-defendant, from 1 January 2016 to the date of this request. 2. For Each Action, Please Include: a. Case title and court reference number. b. Date the action was issued. c. Principal allegation (for example, missed diagnosis, consent issue). d. Final outcome (for example, dismissed, settled, judgment for claimant, appeal pending). 3. Supporting Documentation Please supply copies of any publicly available: a. Judgments or orders issued by the court b. Consent-to-settlement documents or settlement agreements 4. Format and Confidentiality If held electronically, I would prefer to receive the data in a machine-readable format (e.g. Excel or CSV). I am requesting only aggregated institutional information; I do NOT require personal medical records or confidential patient details. 5. Timescale Under section 4(1) of the Freedom of Information Act 2015, I look forward to your response within 20 working days of receipt of this request. If you require any clarification of this request, please contact me by email at [your.email@example.com] or by telephone on [your phone number]. Thank you for your assistance.

Data Tables (1)

Full Response Text

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

Our ref: 4816318 6 August 2025

Dear

We write further to your request received 21 July 2025, which states:

"Dear Freedom of Information Officer,

I write under the Isle of Man Freedom of Information Act 2015 to request the following information relating to legal proceedings involving Manx Care's Radiology Department.

1. Scope of Request

Please provide a complete list of all court actions (civil, criminal or regulatory) in which Manx Care's Radiology Department or any Radiologist employed by Manx Care has been named as defendant or co-defendant, from 1 January 2016 to the date of this request.

1. For Each Action, Please Include:

a. Case title and court reference number. b. Date the action was issued. c. Principal allegation (for example, missed diagnosis, consent issue). d. Final outcome (for example, dismissed, settled, judgment for claimant, appeal pending).

1. Supporting Documentation

Please supply copies of any publicly available:

a. Judgments or orders issued by the court b. Consent-to-settlement documents or settlement agreements

1. Format and Confidentiality

If held electronically, I would prefer to receive the data in a machine-readable format (e.g. Excel or CSV).

I am requesting only aggregated institutional information; I do NOT require personal medical records or confidential patient details.

1. Timescale

Under section 4(1) of the Freedom of Information Act 2015, I look forward to your response within 20 working days of receipt of this request.

If you require any clarification of this request, please contact me by email at [your.email@example.com] or by telephone on [your phone number].

Thank you for your assistance."

Response

While our aim is to provide information whenever possible, in this instance Manx Care is unable to provide the information 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.

However, you may wish to contact Attorney Generals Chambers who may be able to help you.

Enter the reason why the information requested is not held

Please quote the reference number 4816318 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