MDC housing eligibility & funding at the former nurses' home

AuthorityTreasury
Date received2025-08-06
OutcomeVexatious request
Outcome date2025-08-15
Case ID4855877

Summary

The request sought details on housing eligibility, residency requirements, and funding for key workers at the 'Thie Clag' former nurses' home. The Treasury refused to disclose the information, classifying the request as vexatious due to the frequency and overlapping nature of seven related submissions received within two weeks.

Key Facts

  • The Treasury refused the request under section 11(3)(d) of the Freedom of Information Act 2015 as vexatious.
  • Seven related requests regarding the Manx Development Corporation (MDC) were received within a two-week period.
  • Six of the seven requests were submitted on a single day.
  • The authority offered to process the requests sequentially once previous responses are issued.
  • The project involves the refurbishment of the former nurses' home in Douglas known as 'Thie Clag'.

Data Disclosed

  • £11 million
  • 37 apartments
  • 7 requests
  • 2 week period
  • 6 requests
  • 2025-08-06
  • 2025-08-15
  • 2025-08-07
  • 2025-08-11
  • 4855877
  • 4854645
  • 4855978

Exemptions Cited

  • Section 11(3)(d) of the Freedom of Information Act 2015 (Vexatious request)

Original Request

The following requests for information relate to the reported public investment of over £11 million in the refurbishment of the former nurses' home in Douglas, known as 'Thie Clag'. The refurbishment was carried out by the Manx Development Corporation, for which the Treasury is the sole shareholder, acting on behalf of the Isle of Man public. 1) For the purposes of determining housing eligibility at the former nurses' home in Douglas, known as 'Thie Clag', how is the term 'key worker' defined? Additionally, which specific employment sectors are encompassed within this definition? 2) Please confirm whether there is a minimum Isle of Man residency requirement for key workers renting one of the 37 apartments. If such a requirement exists, please provide details of the minimum residency period and explain how this requirement is assessed or verified. 3) Please clarify who is responsible for funding the accommodation of key workers residing in the 37 apartments at the former nurses' home in Douglas, known as 'Thie Clag'. Specifically, is the cost covered directly by the employer, by the employees themselves (e.g., through salary deductions or a specific housing allowance), or through any form of social security benefit, either directly or indirectly?

Data Tables (1)

Data Tables (reformatted)

Order Request Description Reference Number
1 MDC rental eligibility criteria 4854645
2 MDC housing eligibility & funding at the former nurses home 4855877
3 Types and amounts of costs including costs of rates 4855978
4 Will the Manx public be permitted to view Thie Clag apartments 4855979
5 MDC interest paid loans 4855980
6 Management fees and cost of maintenance 4855981

Full Response Text

Freedom of Information
Seyrsnys Fysseree

The Treasury Government Office,
Douglas Isle of Man, IM1 3PU

Telephone: (01624) 685605 Email: FOI.Treasury@gov.im

Government Website: www.gov.im

Our ref: 4855877 15 August 2025

Dear ###,

This request is being handled under the Freedom of Information Act 2015.

We write further to your request, received 6 August 2025, which states:

"The following requests for information relate to the reported public investment of over £11 million in the refurbishment of the former nurses' home in Douglas, known as 'Thie Clag'. The refurbishment was carried out by the Manx Development Corporation, for which the Treasury is the sole shareholder, acting on behalf of the Isle of Man public.

1) For the purposes of determining housing eligibility at the former nurses' home in Douglas, known as 'Thie Clag', how is the term 'key worker' defined? Additionally, which specific employment sectors are encompassed within this definition?

2) Please confirm whether there is a minimum Isle of Man residency requirement for key workers renting one of the 37 apartments. If such a requirement exists, please provide details of the minimum residency period and explain how this requirement is assessed or verified.

3) Please clarify who is responsible for funding the accommodation of key workers residing in the 37 apartments at the former nurses' home in Douglas, known as 'Thie Clag'. Specifically, is the cost covered directly by the employer, by the employees themselves (e.g., through salary deductions or a specific housing allowance), or through any form of social security benefit, either directly or indirectly?"

While our aim is to provide information whenever possible, under section 11(3)(d) of the Act a public authority may refuse to give the information requested if the request for information is vexatious, malicious, frivolous, misconceived or lacking in substance. Examples of factors which a public authority may take into account in determining if your request is vexatious etc. are set out in the Code of Practice issued under s60 of the Act, which you can find here

www.tynwald.org.im/business/opqp/sittings/Tynwald%2020142016/2015-GD- 0068.pdf. This request to Treasury is one of 7 requests received which all relate to the Manx Development Corporation (MDC), with a specific focus on the refurbishment of the former nurses home. We therefore consider that it is appropriate to look beyond this request and review the circumstances in which it has been made. We have identified factors indicating the request is vexatious as described in the Code and an explanation of our decision is provided below.
The requests have been frequent and overlapping. As previously stated, there have been a total of 7 requests to Treasury in relation to MDC, all of which were received within a 2 week period and 6 of the requests were received in a single day. In this instance the new requests target different aspects of the project and have been submitted before we have been able to respond to previous requests. When taking these requests into account this has the effect of creating a burden that the authority can’t reasonably be expected to manage.
As previously advised, in the email dated 7 August 2025, before a practical reason can be engaged, we must first attempt to remove the practical refusal reason through the provision of advice and assistance, as stated in the Act and the Code. Advice and assistance have been provided, however based on your email dated 11 August 2025, it appears we have been unable to remove the practical refusal reason.
For these reasons Treasury is not obliged to comply with your request. Whilst we are not obliged to comply with your request as explained above, we can however process each request, under the Act, one at a time, once a response has been issued for the previous one. The order in which the requests can be processed are as follows:

  1. MDC rental eligibility criteria (4854645)
  2. MDC housing eligibility & funding at the former nurses home (4855877)
  3. Types and amounts of costs including costs of rates (4855978)
  4. Will the Manx public be permitted to view Thie Clag apartments (4855979)
  5. MDC interest paid loans (4855980)
  6. Management fees and cost of maintenance (4855981)

If this approach is acceptable to you please confirm by email and we will process each of the requests as described above.

Please quote the reference number 4855877 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.