More Information requested for FOI 658665 Question 1

Summary

The requester asked for the number of inquests held among 238 patient deaths previously identified, but the Department of Health and Social Care refused the request stating they do not hold this specific data.

Key Facts

• The Department of Health and Social Care does not routinely keep a record of cases referred to the Coroner.
• The authority refused the request under Section 11(3)(b) of the Freedom of Information Act 2015.
• Compliance would require creating, deriving, or compiling information which the authority is not required to do.
• The requester was advised to contact the Isle of Man Coroner directly for the information.
• The case was closed on 11th February 2019.

Data Disclosed

• 238 deaths
• 2019-01-21
• 2019-02-11
• 710565
• 658665

Exemptions Cited

• Section 11(3)(b) of the Freedom of Information Act 2015 (Practical refusal reasons: creating, deriving, or compiling information)

Original Request

Please provide number of patients that have died that was established in above referred to request, of how many out of the 238 deaths have had an inquest due to their sudden and untimely deaths.

Data Tables (1)

Full Response Text

Chief Executive: Malcolm Couch Freedom of Information Team DHSC, Crookall House Demesne Road Douglas IM1 3QA

(01624) 642621 dhsc@foi.gov.im Website: www.gov.im/dhsc

Our ref: 710565 11th February 2019

Dear ###

We write further to your request which was received on the 21st January 2019 which states: Question: "Please provide number of patients that have died that was established in above referred to request, of how many out of the 238 deaths have had an inquest due to their sudden and untimely deaths."

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. Section 11(2)(b) of the Act makes provision for public authorities to refuse to give an applicant the information they requested on the grounds that a practical refusal reason applies. In this instance, under Section 11(3)(b) of the Act we are refusing your application on the grounds that practical refusal reasons apply, namely, that in complying with the request for information, it would require the Department to do one or more of the matters mentioned in section 8(3) of the Act (things a public authority is not required to do by the Act) as follows; • Create or derive information from information that it holds; • Undertake research into, or analysis of, information, that it holds; or • Undertake substantial compilation or collation of information that it holds. In this instance we are unable to answer your request as we believe that all of the above apply.

Question: "Please provide number of patients that have died that was established in above referred to request, of how many out of the 238 deaths have had an inquest due to their sudden and untimely deaths." The Department does not routinely keep a record of how many cases are referred to the Coroner. However, you may wish to contact the Isle of Man Coroner using the link https://www.courts.im/attending-court/coroner-of-inquests/ who may be able to help you.

Please quote the reference number 710565 in any future communications.

Your right to request a review

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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