The Information Commissioner has partially upheld a complaint against Manx Care for its handling of an FoI request, citing procedural shortcomings and delays.
The issue, which dates back to June 2023, arose when an applicant sought unredacted copies of an incident review form and associated processes.
Manx Care initially refused to provide the information, citing access limitations and asserting the documents were tied to an internal complaint investigation.
In a decision issued on December 13, 2024, Information Commissioner Dr. Alexandra Delaney-Bhattacharya noted that Manx Care failed to conduct adequate searches for the requested information and did not meet the FoI’s timeframes for responses.
Communication
She said: “The authority’s approach fell short of what is required under FoI, particularly in its failure to communicate effectively with the applicant and its lack of timely action.”
The had raised concerns about a lack of transparency and delays, claiming the authority’s refusal lacked proper justification.
The review found that Manx Care had failed to respond appropriately at several stages of the request process. This included not issuing a formal refusal notice or adequately engaging with the applicant’s follow-up inquiries.
Following the Dr Delaney-Bhattacharya’s intervention, Manx Care eventually provided a more detailed response, citing exemptions under the FoI Act which protect personal information, and practical refusal reasons.
These exemptions were upheld by the Commissioner.
Valid
While the procedural criticisms were significant, the Commissioner acknowledged that the exemptions were valid, noting that the request included questions requiring substantial research and analysis, which is not required under FoI.
Manx Care has been directed to provide the Information Commissioner with documentation detailing its FOIA processes, training plans, and compliance measures to ensure improved handling of future requests.
The applicant expressed disappointment with the process, citing frustration over delays and perceived opacity.
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