Manx Care failed to prove leaflet cost details should be exempt from FoI

Information Commissioner orders healthcare provider to reprocess request from December 2022

Manx Care has been ordered to reprocess a Freedom of Information request originally submitted nearly three and a half years ago after failing to prove the details sought should be exempt.

The request, submitted by Manx Radio, asked how much the health board spent distributing leaflets about winter healthcare options in 2022.

Manx Radio asked Manx Care to review the decision in January 2023 and, after not receiving a response by March, referred the matter to the information commissioner.

Manx Care did respond to the internal review in December 2023, but upheld the exemption citing commercial sensitivity.

The ICO found such a review should not take more than 20 working days; Manx Care took 230.

The commissioner ruled this response time was not appropriate, and has recommended the authority considers whether it would be appropriate to apologise to the applicant for the late response.

Alexandra Delaney-Bhattacharya's investigation found Manx Care listed two factors in favour of disclosure and two in favour of withholding the details.

She said that with this balance, Manx Care should have defaulted to disclosure, as factors in favour of withholding should outweigh disclosure for the exemption to be lawful.

The review also revealed that the public interest test reused a template from a previous unrelated request and therefore lacked bespoke analysis, failed to correspond with Manx Radio once the internal review had exceeded its timeframe and failed to demonstrate that a reasonable search was undertaken.

The information commissioner upheld Manx Radio's complaint, and has ordered Manx Care to disclose the information or issue a further refusal notice with a clear rationale.