Privatisation of Social Services

AuthorityManx Care
Date received2025-09-18
OutcomeSome information sent but part exempt
Outcome date2026-01-13
Case ID4944518

Summary

A request was made for documents regarding the privatisation or outsourcing of Social Services functions since October 2021, to which Manx Care responded by releasing 64 pages of information while redacting parts under commercial interest exemptions.

Key Facts

  • The request covered reports, meeting minutes, and correspondence regarding Social Services privatisation since 1 October 2021.
  • Manx Care released 64 pages across 12 documents with some redactions applied.
  • Information was withheld under section 30(2)(b) of the Act due to potential prejudice to commercial interests.
  • A public interest test was conducted weighing transparency against financial stability and commercial protection.
  • The response was issued on 12 January 2026 following a request received on 18 September 2025.

Data Disclosed

  • 1 October 2021
  • 18 September 2025
  • 12 January 2026
  • 64 pages
  • 12 documents
  • section 30(2)(b)

Exemptions Cited

  • Section 30(2)(b) of the Act (prejudice to commercial interests)

Original Request

I would like to request the following information in relation to any proposals for the privatisation, outsourcing, or externalisation of functions within the Isle of Man Health Service and Social Services: Copies of all reports, consultation papers, business cases, or option appraisals produced since 1 October 2021 relating to the potential privatisation, outsourcing, or transfer of services currently delivered by Social Services. Minutes, agendas, and notes of any meetings (including Council of Ministers, Departmental meetings, and sub-committees) since 1 October 2021 where such proposals were discussed. Any correspondence (including emails, letters, and briefings) between the Department of Health and Social Care, Manx Care, the Treasury, and external consultants or companies regarding potential privatisation or outsourcing of Social Services functions, since 1 October 2021. The timetable or projected timescale for any announcements, consultations, or decisions regarding these proposals. If any part of this request is refused, please provide the specific exemption(s) relied upon and the reasons why they apply. Thank you.

Data Tables (3)

care than to provide that care themselves.” This could be where Manx Care (acting in the role of
LA as direct public sector provider) finds itself.
Provider to accept and retain such residents rather than inappropriately forcing them into nursing care beds. • Externalising the running of these services once the re-provisioned Reayrt ny Baie and Cummal Mooar homes were built was recommended in September 2014 by the New Economy ‘Rebalancing of Adult Social Care Report. At that time the builds were estimated for delivery by 18/19 and DHSC had estimated that following externalisation, by 2024 £500,000 would have been saved due to decreases in the pension liabilities and related employment terms and conditions. • Any potential impact of this proposal on hospital discharge would have to be considered and tight protocols put in place. The New Economy report suggested that the new builds would speed up discharge as there was a view that the current facilities meant a patient had to be “more fully recovered in order to be cared for at the two Centres than would be the case with more modern facilities”. • The project would also have to consider how Manx Care would mobilise if there were a provider failure as the contingency response would need to take account of the fact that we would no longer be a Provider with an experienced operational management workforce.
Conclusion There appears to be prima facie evidence on the information available to date that a continuation of the deep dive with appropriate resource to develop a position for the Board to consider future action.

Full Response Text

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

Our ref: 4944518 12 January 2026

Dear

We write further to your request, received 18 September 2025, which states:

"I would like to request the following information in relation to any proposals for the privatisation, outsourcing, or externalisation of functions within the Isle of Man Health Service and Social Services:

Copies of all reports, consultation papers, business cases, or option appraisals produced since 1 October 2021 relating to the potential privatisation, outsourcing, or transfer of services currently delivered by Social Services.

Minutes, agendas, and notes of any meetings (including Council of Ministers, Departmental meetings, and sub-committees) since 1 October 2021 where such proposals were discussed.

Any correspondence (including emails, letters, and briefings) between the Department of Health and Social Care, Manx Care, the Treasury, and external consultants or companies regarding potential privatisation or outsourcing of Social Services functions, since 1 October 2021.

The timetable or projected timescale for any announcements, consultations, or decisions regarding these proposals.

If any part of this request is refused, please provide the specific exemption(s) relied upon and the reasons why they apply.

Thank you."

Response

We have identified and reviewed a volume of material and provide herewith that which can be released at this time the redactions are marked with the exemption relied upon where necessary which we trust you will find helpful.

While our aim is to provide information whenever possible, in this instance some information is exempt from disclosure under section 30(2) (b) of the Act as disclosure would be likely to prejudice commercial interests.

As section 30 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosure Factors in favour of disclosure
Showing where public money is being spent, how much public money is being spent and how the supplier arrived at the process.
Legitimate public interest in economic policy, taxation and financial management.
Release of some information will promote public understanding and informed debate.
The need to hold public authorities to account for their stewardship of public resources.
To build public trust and transparency in the operation of the economy and to increase the credibility of economic policy decision makers and enhance the reputation of the Isle of Man as a fair and honest business environment.
Accountability for the spending of public funds. Ensuring that public money is being used effectively and Departments are getting value for money when purchasing goods and services.
Proper scrutiny of Government actions in carrying out licensing functions in accordance with policy.
Need to ensure that commercial activities, including the procurement process, are conducted in an open and honest way.
Business can respond better to public sector opportunities.
Protection of the public - from unsafe products/ practices.

Factors in favour of withholding Factors in favour of maintaining the exemption
Disclosure could result in financial instability.
Disclosure would pre-empt announcements on taxation, national insurance or benefits.
Where selective disclosure of information could affect financial markets.
Where information consists of an assessment of an institution's or an economy's viability.
Where information has been received from confidential sources (e.g. overseas governments or regulators) and these relationships would be damaged by disclosure and reduce the likelihood of information being made available in the future.
The economy is sensitive to even small changes in investor confidence and disclosure of information could lead to more than just a small change in investor confidence.
The need to protect the commercial interests of the private sector, which plays an important role in the general health of the economy.
The need to protect the commercial interest of the public sector, whose commercially related functions need, in any event, to be exercised in the wider context of the public interest.
Consideration of matters such as the maintenance of intellectual property rights and the need to protect the flow of commercial secrets to public authorities.

In taking these factors into account the Manx Care determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

There are some documents and excerpts from minutes withheld as they relate to discussions and decisions that need to be made which will become public knowledge in due course. However, there is an agreed approach to informing those directly impacted which needs to occur before publication (allowable under section 41 of Freedom of Information Act).

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 41 of the Act as it is held with a view to being published at a future date and in all the circumstances it is reasonable that the information be withheld from disclosure until that time.

As section 41 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosure Timing. Where the disclosure timetable is in the distance or contingent or indeterminate.
Publication will not cause any impact to the public authority.
Public interest in transparency of issues of financial management and accountability.

Factors in favour of withholding Premature disclosure in response to a FOI request may be unfair to others.
Public authorities should be able to manage their own public affairs.
Disclosure would contravene publication procedures.
Damage being caused to a third party's interests or some public concern being caused.
So that a public authority can choose to release information in the manner and form and at the time of its choosing.
If disclosure would undermine consultation or pre-publication disclosure with particular persons.
Risks of early disclosure cannot be mitigated (e.g. by any explanations alongside the information).
Where disclosure would contravene any previous undertakings.
Potential damage to commercial interests.
Some form of harm will occur as a result of the information being prematurely disclosed.
Could result in information being disclosed which isn't accurate therefore misleading the public.
The closer it is to publication the more reasonable it would be to withhold the information until publication has occurred.

In taking these factors into account Manx Care determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

The timetable for that is set out below in that consultations and decisions regarding a range of services in scope for potential externalisation is March/April 2026 when Commissioning Intentions will be set out.

Manx Care is in the process of producing a set of Commissioning Intention documents for Adult Social Care covering Older Person’s Services; Services for Adults with a Learning Disability and Services for Working Age Adults – these are due to be

completed March/April 2026 and will also contain information which may be in scope of the request.

The Cordis Bright report is publicly available here:

https://www.gov.im/media/1388830/adult-learning-disabilities-report-cordis- bright_compressed.pdf

There are various references to the idea of seeking to commission a new provider for delivery of the services in scope of that review. This is reflected in the first iteration of the Commissioning Intentions for Services for Adults with a Learning Disability, the following excerpts from that document is relevant to your request as follows:

The Cordis Bright review made clear recommendations about whether Manx Care should continue to deliver support and care. No decision has yet been made about this. This needs resolving so that service users, families, staff and service managers are clear about future direction of travel. It is critical, given that the Adult Learning Disability Service is the single largest specialist provider on the Island that the commissioning plan is clear about how the support and care delivered is responding to current and future demand and to the aims and themes of this plan.

Future delivery of the Manx Care Adult Learning Disability Service. Manx Care needs to make decisions about the future delivery of services currently provided by its Adult Learning Disability Service (ALDS) This will involve the Director of People, Manx Care, Service Managers, Commissioning Lead and Assistant Director, Adult Social Work.

If any proposals that may involve externalisation of staff are proposed, a first step will be to engage with staff side representatives.

Please quote the reference number 4944518 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


1

15 December 2023

Teresa Cope CEO of Manx Care Nobles Management Suite Strang IM4 4RJ

Sent via email:

Dear Teresa

Summerhill View

Further to previous correspondence between our Officers, and Executive to Executive discussions I know that we are aligned on the continuation of the procurement exercise to deliver the service via a third party provider at Summerhill View.

However, the Department agreed to write formally respond to Manx Care’s recent paper (of 26th October 2023) regarding the options for opening Summerhill View, which also contained other important and interrelated issues.

As discussed, now that Treasury has approved the progression of Cummal Mooar we are grateful to and the team for remodelling the previous financial assessment, and for the further consideration, following discussions with the Department and Treasury, on the options available.

In light of the financial position and the ongoing work to consider the future funding of nursing and residential care (which includes a fair cost of care exercise) the Department is content that Manx Care continues with the proposed procurement exercise to test the market and seek to find a third party provider for service delivery of 45 residential care beds at Summerhill View.

We recognise that this option still requires a subvention by Manx Care, given the difference between the cost of provision and income support levels. We therefore wish to make a joint approach to the Treasury to provide clarity on that and confirm that it is not for the Department nor Manx Care to means test and facilitate a discussion on the charges set for Adult Social Care for 2024/25.

We have also agreed that there is a clear need for those discussions to be handled sensitively and that we need to agree a joint communications plan for staff, Tynwald Members and the general public to be rolled out at the appropriate time. Given what we learned from Cummal Department of Health and Social Care
First Floor Belgravia House Circular Road Douglas
Isle of Man IM1 1AE

2

Mooar earlier this year I know that we both agree that our communications need to be in lock step.

The Department also appreciated the Board’s confirmation that Manx Care is not seeking to divest itself of all adult social care services, but will continue to consider where the market may be better placed to deliver efficiently and cost effectively on a case by case basis. As we have discussed there are various inter-related pieces of work being progressed both by the Department, Transformation and operationally by Manx Care. We are agreed that a dedicated working group be established to bring all of this together for what continues to be a priority for both the Department and Manx Care in the coming year.

Please let me know if anything further is required at this point and look forward to discussing further in the New Year.

Best wishes

Chief Officer
Department of Health and Social Care out of scope


S 30 (2) (b) 2 MC Board
Meeting Date: 24 April 2023 Accountable Director:

• Option 1. Manx Care (MC) directly deliver 45 beds within Summerhill View (SHV) as residential care beds (40 permanent beds; 4 Respite and 1 Unplanned Admission bed) and move Sweet Briar unit back to SHV from Thie Meanagh (as per original plan) • Option 2. MC directly deliver 60 beds within SHV as residential care beds and leave Sweet Briar unit in Thie Meanagh • Option 3. A Provider delivers 45 residential care beds at SHV and are commissioned via the service contract to open the other 15 beds as Dementia Nursing Care. Swe

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