Documentation including electronic, in possession, custody or control.

Summary

The applicant requested instructions given by the Attorney General's Chambers to DEFA regarding a 2019 appeal and 2020-2021 ADS application processing. The authority refused to release information, stating they do not hold the records and that any such advice would be subject to legal professional privilege.

Key Facts

• The request concerns instructions allegedly given to DEFA following complaints to the Cabinet Office in July 2019 and April 2021.
• The Attorney General's Chambers clarified that they provide legal advice to government departments rather than issuing direct instructions.
• The authority stated they do not hold the requested information after taking reasonable steps to find it.
• Any information held regarding legal advice would be exempt due to legal professional privilege.
• The outcome of the request was 'No information sent - all held but exempt'.

Data Disclosed

• 2 July 2019
• April 2021
• £300
• 2020
• 2021
• AB1649
• 5 August 2025
• 6 August 2015
• 13 August 2025
• section 11(3)(a)
• section 15
• section 14(1)(a)(i)

Exemptions Cited

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

Original Request

1. On 2 July 2019 DEFA refused to process the Applicant's Stage 2 ADS Appeal. The applicant complained to the Cabinet Office following which the AG contacted DEFA. However DEFA subsequently failed to set a date for a Stage 2 Appeal Hearing to deal with the applicant's 2 July 2019 Appeal Application Form, failed to set a Stage 2 appeal hearing, failed to notify the applicant of a hearing date, failed to hold a hearing, failed to publish a determination and failed to refund the Applicant's £300 application fee to the Applicant. 2. On or about April 2021 DEFA intentionally removed the applicant's AB1649 ADS Application Form from the routine Isle of Man Post's data run ordinarily forwarded to all registered ADS registrants, where the data run should have included the applicant's ADS Application Form as they were registered for the ADS. The applicant complained to the Cabinet office who notified the AG's office; however DEFA failed to generate, issue or process AB1649's ADS Application Form for 202O and 2021 as late applications and failed to pay the applicant for 2020 and 2021. The documentation I am seeking is: 1. The instruction given to DEFA on or about July 2019 following my complaint to the Cabinet Office, as to whether DEFA should proceed to process my Stage 2 Appeal Application lodged on 2 July 2019. In the alternative were DEFA instructed by the AG to repudiate the processing of my 2 July 2019 Stage 2 Appeal and instructed to retain my £300 application fee that I had paid into Treasury on submitting my Stage 2 Appeal. 2. The instruction given to DEFA when I complained to the Cabinet Office that Joe Brew told me I had to be punished for two years, where my ADS Application Form had been removed from the routine Post Office data run for 2020 and 2021. Was DEFA on or about April 2021 instructed to subsequently generate an ADS Application Form for 2020 and 2021 to process my applications for 2020 and 2021? In the alternative, was DEFA instructed to repudiate my applications pertaining to 2020 and 2021, not process any application and not pay?

Data Tables (1)

Full Response Text

Attorney General's Chambers Belgravia House Circular Road, Douglas Isle of Man, IM1 1AE Telephone: (01624) 685452
E-mail: attgen@gov.im

Our ref: 4845457 13 August 2025

Dear ###

We write further to your request received 5 August 2025, which states:

"1. On 2 July 2019 DEFA refused to process the Applicant's Stage 2 ADS Appeal. The applicant complained to the Cabinet Office following which the AG contacted DEFA. However DEFA subsequently failed to set a date for a Stage 2 Appeal Hearing to deal with the applicant's 2 July 2019 Appeal Application Form, failed to set a Stage 2 appeal hearing, failed to notify the applicant of a hearing date, failed to hold a hearing, failed to publish a determination and failed to refund the Applicant's £300 application fee to the Applicant.

1. On or about April 2021 DEFA intentionally removed the applicant's AB1649 ADS Application Form from the routine Isle of Man Post's data run ordinarily forwarded to all registered ADS registrants, where the data run should have included the applicant's ADS Application Form as they were registered for the ADS. The applicant complained to the Cabinet office who notified the AG's office; however DEFA failed to generate, issue or process AB1649's ADS Application Form for 202O and 2021 as late applications and failed to pay the applicant for 2020 and 2021.

On 5 August 2025, in line with s14(1)(a)(i) of the Freedom of Information Act 2015 (“the Act”), clarification was requested, and a response to such was subsequently received on 6 August 2015

The documentation I am seeking is:

1. The instruction given to DEFA on or about July 2019 following my complaint to the Cabinet Office, as to whether DEFA should proceed to process my Stage 2 Appeal Application lodged on 2 July 2019.

In the alternative were DEFA instructed by the AG to repudiate the processing of my 2 July 2019 Stage 2 Appeal and instructed to retain my £300 application fee that I had paid into Treasury on submitting my Stage 2 Appeal.

1. The instruction given to DEFA when I complained to the Cabinet Office that Joe Brew told me I had to be punished for two years, where my ADS Application Form had been removed from the routine Post Office data run for 2020 and 2021.
   Was DEFA on or about April 2021 instructed to subsequently generate an ADS Application Form for 2020 and 2021 to process my applications for 2020 and 2021?

In the alternative, was DEFA instructed to repudiate my applications pertaining to 2020 and 2021, not process any application and not pay?

While our aim is to provide information whenever possible, in this instance a practical refusal reason applies under section 11(3)(a) of the Act, as the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested.

In line with our obligation under s15 of the Act [Duty to provide advice and assistance], for your information, the Attorney General’s Chambers (“AGC”) does not direct or instruct Government Departments but provides legal advice to them.

For clarity, if any such information was held by AGC in connection with the proceedings referenced in your request it would be subject to legal professional privilege. Such privileged material would likely be exempt from disclosure under s40 the Act.

Should you wish to seek information from the Department of Environment Food and Agriculture directly, we recommend contacting such as they may hold the information you require.

Please quote the reference number 4845457 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.