Expol terms of reference made public after initial FoI delay

Document published by DHSC

Terms of reference for an investigation into whether a government department concocted documents presented to a whistleblower’s employment tribunal have now been made public.

It follows a Freedom of Information request which was delayed by the Department of Health and Social Care.

That's despite the full Expol report being published whilst the former medical director's tribunal was ongoing. 

Manx journalist Paul Moulton, from Isle of Man Television, put in the request and has been critical of the response – which asked for more information about the probe which was sparked by the dismissal of Dr Rosalind Ranson.

Following HoK comments @iomcm @alfredcannan statement I’m amazed my FOI to DHSC to release Expol Terms of Reference/Engagement is now delayed whist they find a reason not to release some of the information- yet remember they were happy to put out their findings on first FOI!!

— Isle of Man TV (@paulmoulton) May 9, 2023

Mr Moulton had asked for the terms, and the contract of engagement, as well as disclosure of all communications between the DHSC, officials from the Attorney General’s Chamber and Expol leading up to the company’s appointment.

He told Manx Radio he can’t understand why it has taken so long:

Freedom of Information

The 39-page document, which is redacted in parts, sets out the terms of reference for the project which was sent to Expol by the DHSC in June last year. 

It asked the contractor to ‘ascertain the causes of apparently inaccurate documents being created and held’ within the systems of Manx Care and/or the department as noted in the tribunal. 

This followed concerns highlighted by Dr Ranson’s lawyer, during the tribunal, about the authenticity of documents submitted. 

These included a typed note which identified Dr Ranson as appearing at a meeting at a time when she wasn’t employed by the DHSC. 

There was also issue with a note taken about a meeting of a senior medical leadership team which hadn’t existed at the time the note was dated. 

Metadata produced also showed that the document had been created four days before the employment tribunal hearing.  

Minutes purporting to be a record of a Microsoft Teams meeting were also queried – the software was not in use by the department at the time alleged. 

There were also alleged differences between the final minutes produced from a meeting and the draft notes which were taken. 

Expol was supported in its investigation by local sub-contractors Riela Cyber. 

Terms of Reference

The information published today shows Expol's remit included seven tasks which included determining the circumstances in which the documents had been created, and by whom, and if they’d been modified. 

The companies were also asked to undertake interrogation of systems and documents and to speak to ‘all relevant staff’ from DHSC and Manx Care who were involved in the creation, saving and management of documents, the circulation of draft documents and their approval and/or circulation of ‘final’ documents and retrieval of the documents highlighted as being of issue. 

Expol was asked to report to the DHSC with ‘root cause’ or ‘other findings’ relevant to the provenance and/or inaccuracies in each of the three documents in question. 

In addition Expol was asked to identify any areas where it wasn’t possible to reach a finding and/or gaps or inconsistencies. 

Timescales

Email correspondence shows Karen Malone, the then health and social care chief executive, setting up the probe in April 2022; Mrs Malone stepped down from her role in May. 

The terms of reference document was signed on 29 June by Stuart Quayle the interim chief executive of the DHSC.

Emails sent between Expol and the head of corporate compliance in July show concerns being raised about the timescales for the three-month project which was originally suggested to finish by August. 

Expol highlights, in early July, that it had still not agreed terms or signed a contract and urged a ‘realistic term’ to be set for the final report to be delivered. 

“The request is for an independent investigation, which will be of enormous interest to, not only those who it directly effects, but to the wider public. It will be open to scrutiny at every level and impartiality, forensic attention to detail and thoroughness must set the strategic tone throughout.” Expol

The FOI response also highlights the total cost of the Expol work was £68,143.75. 

Apology

Yesterday the Chief Minister Alfred Cannan apologised to Dr Ranson, via a speech in the House of Keys, for the way she’d been treated. 

He told MHKS the actions of those involved did not ‘reflect well’ on the professionalism of the civil service. 

Dr Ranson is due to get a £3 million payout as a result of her unfair dismissal. 

Links

You can find the Freedom of Information response here - FOI Response.

The information about the terms of reference which has now been made public is here - Expol Terms of Reference.