Staffing Request Business Case

Staffing Request: Replacement Posts – Business

Directorship Commercial and Community Learning

Curriculum Area Business

Request made by: Directorship of Commercial and Community Learning

Date: 14h December 2015

Post Business Lecturer

Post holder Vacant from 1st September 2016

1 fte (replacement of 2 year fixed term contract) FTE Extension of contract from 0.5fte to 0.7fte for an existing colleague

Duration Permanent

Grade MPS

Budget New budget / Replacement Budget Replacement posts for Business Lecturers. Four members of staff have left the department within the past 2 years (2 x retirement, 1 x internal transfer, 1 x transfer to another 11-16 school) and only one (Curriculum Manager) has been replaced. The numbers of groups within the department have remained consistent for many years although since 2014 we have the addition of Trackers groups to consider. Group sizes have increased and the area remains amongst the largest post 16 full time area in the College. Staff are well utilised in the team with all staff at hours.

One post within the team is a full time fixed term contract (2 years) which is due to expire 31.08.16. This lecturer is part funded by Trackers and sits within the Business area.

Business Need Lecturers are needed to support the quality delivery of the Business curriculum between levels 1 and 3. This is a growth area and is one of the focus subjects for the Islands 16+ delivery according to very recent Education Department media releases.

The department has a large number of fractional, full time posts and staff servicing in from other areas and to support both curriculum and pastoral delivery a full time colleague plus an additional extension to a current fractional colleague would fulfil the requirements of the shortfall of teaching hours in the department. In recent times there has been a reliance on Visiting Lecturers on fixed term contracts (currently 0.5fte) which in part reduces the consistency of delivery and rigour of quality processes. Visiting Lecturers would still be used to fill the shortfall of around 0.3fte.

Curriculum Area Reporting to Business Curriculum Manager. Organisation

Staff Business Case - Business Lecturers 141215 Page 1 of 2

Reduce Business curriculum offering or reduce numbers of groups. Potentially Alternatives source more fixed term contract post holders.

CEG Comment

CEG Approval

Date

Staff Business Case - Business Lecturers 141215 Page 2 of 2

Staffing Request Business Case

Staffing Request: Replacement Posts – Business

Directorship Commercial and Community Learning

Curriculum Area Business

Request made by: Directorship of Commercial and Community Learning

Date: 14h December 2015

Post Business Lecturer

Post holder Vacant from 1st September 2016

1 fte (replacement of 2 year fixed term contract) FTE Extension of contract from 0.5fte to 0.7fte for an existing colleague

Duration Permanent

Grade MPS

Budget New budget / Replacement Budget Replacement posts for Business Lecturers. Four members of staff have left the department within the past 2 years (2 x retirement, 1 x internal transfer, 1 x transfer to another 11-16 school) and only one (Curriculum Manager) has been replaced. The numbers of groups within the department have remained consistent for many years although since 2014 we have the addition of Trackers groups to consider. Group sizes have increased and the area remains amongst the largest post 16 full time area in the College. Staff are well utilised in the team with all staff at hours.

One post within the team is a full time fixed term contract (2 years) which is due to expire 31.08.16. This lecturer is part funded by Trackers and sits within the Business area.

Business Need Lecturers are needed to support the quality delivery of the Business curriculum between levels 1 and 3. This is a growth area and is one of the focus subjects for the Islands 16+ delivery according to very recent Education Department media releases.

The department has a large number of fractional, full time posts and staff servicing in from other areas and to support both curriculum and pastoral delivery a full time colleague plus an additional extension to a current fractional colleague would fulfil the requirements of the shortfall of teaching hours in the department. In recent times there has been a reliance on Visiting Lecturers on fixed term contracts (currently 0.5fte) which in part reduces the consistency of delivery and rigour of quality processes. Visiting Lecturers would still be used to fill the shortfall of around 0.3fte.

Curriculum Area Reporting to Business Curriculum Manager. Organisation

Staff Business Case - Business Lecturers 141215 Page 1 of 2

Reduce Business curriculum offering or reduce numbers of groups. Potentially Alternatives source more fixed term contract post holders.

CEG Comment

CEG Approval

Date

Staff Business Case - Business Lecturers 141215 Page 2 of 2

ACADEMIC JOB PROFILE

DEPARTMENT: Highlands College

JOB TITLE: Lecturer of Business Studies with Hospitality

DIRECTORSHIP: Commercial & Community Learning (Business)

REPORTS TO: Head of Department

Main Aim: An enthusiastic and highly motivated individual is required able to teach across a variety of Business and Hospitality skills and subjects. The spread of delivery is across a range of academic levels from level 1 to level 4.

Experience required:

Candidates will have a first degree in Business Studies, Finance, Hospitality (or an equivalent professional qualification). Ideally candidates would also have a recognised teaching qualification and experience. The successful candidate will be able to teach across a range of business and hospitality related subjects at various levels and be able to demonstrate innovative and motivational teaching and contribute to the design of assessment material in these areas including online learning. Teaching experience in the secondary or FE sector, is highly desirable and all candidates should be able to demonstrate a positive experience of working with 16-20 year olds. Candidates with relevant professional experience but no teaching qualification may be considered but must undertake teacher training as a condition of the appointment. All candidates should be willing to undertake further professional development where deemed appropriate.

The successful candidate will also need to be adaptable and flexible, have excellent interpersonal and team working skills and be responsive to, and positively contribute to, curriculum change. He/she will be expected to take on the role of personal tutor to a group of 16-20 year old students and should enjoy working constructively with this age group. The ability to undertake both pastoral and teaching roles in a nurturing, inclusive and positive manner is highly desirable.

Team Programmes:

Full Time: Progression Diploma in Business BTEC / OCR Cambridge Technical Level 3 Extended Diploma / Diploma in Business OCR Cambridge Technical Level 2 in Business BTEC Level 1 Diploma in Business Administration BTEC Level 3 Hospitality and Tourism Progression Diploma in Hospitality and Tourism (from September 2017)

Ref: 202-03-

Request:

• We would like to request a copy of the Dean of ’s final submission to the Steel Inquiry

• We would like to request copies of correspondence between the Dean of Jersey and the /the between October 1st 2014 and January 8th 2015 which relate to the delays in the publication of the Steel report.

Response:

We do not hold the information that you have requested.

The report was commissioned by the Bishop of Winchester, who appointed Dame Heather Steel QC to investigate the safeguarding complaint in the Deanery of Jersey. You may find the link below to be of some assistance. http://www.winchester.anglican.org/news/update-jersey-safeguarding-inquiries/

202-03-

May 2016

Request

I wish to view file D/G/C3/3/9 which is held at Jersey Heritage archive. I have noticed that I am unable to request without file which a FOI review from yourselves. I was hoping if you could inform me of the process or direct me to the correct department, in which I could ask for a review to take place. I wish to view the whole file, which includes multiple historical photographs and various maps of the island. I look forward to your response and look forward to hearing from yourselves. Thank you in advance in taken the time to reply.

Response

The accompanying release form has been signed by the owner of the requested file – the Jersey Fire and Rescue Service – Emergency Planning.

To view the file please take this response document, together with the release form and photo identification to the Jersey Archive (details below). You will need to contact the archive directly to arrange your visit.

Jersey Archive, Clarence Road, St Helier, Jersey JE2 4JY

Tel: +44 (0)1534 833135

202-03-

November 2016

Request

Can you please provide the number of computers currently owned, maintained, or used by the States of Jersey which run the operating system Windows XP? Which government departments and how many machines per department (an estimate rounded to the nearest 10 is acceptable)? If any, have the States of Jersey paid for a Custom Support Agreement with Microsoft to keep receiving updates for Windows XP?’

Response

The States of Jersey currently operate 4,972 computers (desktops, laptops, Windows tablets, thin clients and servers (both physical and virtual).

A very limited number of machines are still running Windows XP for operational reasons and are on an active plan to be upgraded. The States has upgraded most of the estate to Windows 7 and 8.1 and is planning on upgrading to Windows 10 in the near future.

Due to the sensitivity of numbers and locations of specific Windows XP machines the further information requested is considered exempt under Article 42 Freedom of Information (Jersey) Law 2011. This exemption has been applied because the information requested could be prejudicial to the prevention of crime. In this instance, it is likely that the disclosure of the information requested could result in an increased risk of e-crime.

Exemption applied

Article 42 - Law Enforcement

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice (a) the prevention, detection or investigation of crime, whether in Jersey or elsewhere

Ref: 202-03-

Request

I would like to make a request under the Freedom of Information Act, Please may I have the most up to date organisational structure for the entire Children’s Services within the Council?

Please can I have also a breakdown of the following: • Individual teams within Children’s Services • Managers name’s and position which would include Director/AD/Head of Service/Service Manager and Team Manager level (stating whether they or permanent or interim) • Contact details including telephone numbers and email addresses of all Managers in Children Services. • All Manager PA name’s and contact details including telephone numbers and email addresses.

Response

Please see attached organisation chart.

Contact Details:

Ali Paddock – 443930 Debra Shannon – 443930 Emmy Lindsey – 443930 James Clarke – 443930 Jo Olsson – 445749 Joanne Cowen – 445395 Julia Wise St. Leger – 443930 Justine Cook – 443930 Kate Rogers (PA to Children’s Service Director) – 445749 Keren Corbett – 445030 Linda Dodds – 445155 Louise Hollick – 443930 Mike Bowyer – 443930 Natalie Spooner – 449213 Sarah Rae – 443930 Sheree Maher – 443930

All email addresses are in the format of [First letter of first name].[Last name]@health.gov.je without spaces or special characters. For example Kate Rogers’ address would be [email protected]

202-03-

May 2016

Request

Please provide the amount (in boxes not cost), of the drug codeine phosphate 30mgs tablets, used / purchased by the Beauport ward, Jersey General Hospital, broken down by month over the last 3 years. Please include but list separate any Codeine issued for stock, patient use or for patients to take home.

Thank you

Response

The Health and Social Services Department neither confirms nor denies that it holds information falling within the description specified in your request. This should not be taken as an indication that the information you requested is or is not held by the department.

Exemptions and/or refusals applied to this request:

Article 10: Obligation of scheduled public authority to confirm or deny holding information:

(1) Subject to paragraph (2), if –

(a) a person makes a request for information to a scheduled public authority; and (b) the authority does not hold the information, it must inform the applicant accordingly.

(2) If a person makes a request for information to a scheduled public authority and –

(a) the information is absolutely exempt information or qualified exempt information; or (b) if the authority does not hold the information, the information would be absolutely exempt information or qualified exempt information if it had held it, the authority may refuse to inform the applicant whether or not it holds the information if it is satisfied that, in all the circumstances of the case, it is in the public interest to do so.

(3) If a scheduled public authority so refuses –

(a) it shall be taken for the purpose of this Law to have refused to supply the information requested on the ground that it is absolutely exempt information; and

(b) it need not inform the applicant of the specific ground upon which it is refusing the request or, if the authority does not hold the information, the specific ground upon which it would have refused the request had it held the information.

If you are dissatisfied with the handling of your FOI request, you may ask for an internal review. Internal review requests should be submitted within 20 working days of the date of this communication by contacting us in writing as follows:

Email: [email protected] or write to:

The Central FOI Unit PO Box 140 Cyril Le Marquand House St Helier Jersey JE4 8QT

202-03

December 2016

Request

Helho my name is i was in i would like to know how to do it so that i can enter again in jersey. How to write the letter of request to enter and to whom i should address.

Response

The authority is not able to give legal advice and it is a matter for the requester to obtain legal advice and plan for any representation may need in Jersey.

Any application to enter Jersey would be a matter for the Immigration department.

Details about the Immigration section of Jersey Customs and Immigration Service are available at http://www.gov.je/Government/Departments/HomeAffairs/Departments/CustomsImmigration/Pa ges/WhoWeAre.aspx

Any initial inquiry should be addressed by email to [email protected]

202-03-

February 2016

Request

Please supply Copies of emails, correspondence and any other documents sent and received by any member of the department within the Treasury and Resources Department to include the Minister in relation to a States of Jersey headed vacating your home Standard void declaration form also include Andium Homes Limited as recipient or sender or any correspondence relating to that form.

Response

The Treasury and Resources department have only one email and a copy of a letter which are relevant to this request which are attached. Andium Homes is a separate legal entity in relation to the Freedom of Information (Jersey) Law 2011 and it is therefore necessary to request information from them direct.

The personal detail contained in the correspondence has been redacted. Article 25 of the Freedom of Information (Jersey) Law 2011 applies - see below.

FOI exemption(s) applied

Freedom of Information (Jersey) Law 2011

Part 4

Absolutely Exempt Information.

25 Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and (b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

Justification for exemption(s)

Article 25 Personal information

The personal information cannot be disclosed because its disclosure to a member of the public would contravene one or more of the data protection principles, which are set out in article 1 of schedule 1 to the Data Protection (Jersey) Law 2005.

As a public authority, the States of Jersey must observe all of the data protection principles when processing personal data. The exemption from the duty to disclose personal data, where to do so would breach a data protection principle, is an absolute exemption, therefore the public interest test in Part 2 of the FOI Law does not apply.

Freedom of Information (Jersey) Law 2011

202-03-

May 2016

Request

I am writing to request a FREEDOM OF INFORMATION REQUEST about ''NIAZI SERVICES LIMITED'' Reg. No.26211 whose beneficial owner was Mr Imran Khan the famous cricketer turned politician from Pakistan. He is head of a political party and a member of the Pakistani Parliament and his party is ruling in one province (KPK) of Pakistan. It is the right of the public to know that the financial matters of their leaders are transparent. I therefore request the following information about his company ''''NIAZI SERVICES LIMITED'' Reg. No.26211" which was registered in Jersey Island in 1983 and was active till October 2015. The certificate of incorporation is attached.

1) A summary of all the tax returns of the company from 1983 to 2015. 2) The amount and of sources of income of the company declared in the tax returns from 1983 to 2015. 3) Dividends paid to the beneficiaries with their names as declared in the tax returns from 1983 to 2015. 4) Any salaries paid to its employees with their names as declared in tax returns from 1983 to 2015.

I am happy to pay any fees if applicable.

Response

The information requested is absolutely exempt information under Article 29 of the Freedom of Information (Jersey) Law 2011, because the disclosure of the information by the Scheduled Public Authority holding it is prohibited by or under an enactment. Article 29 – Other prohibitions or restrictions states that: Information is absolutely exempt information if the disclosure of the information by the scheduled public authority holding it – (a) is prohibited by or under an enactment; (b) is incompatible with a European Union or an international obligation that applies to Jersey; or (c) would constitute or be punishable as a contempt of court. Members of the Income Tax office are prohibited from disclosing information by virtue of Part 3 and Schedule 1 to the Income Tax (Jersey) Law 1961 whereby the Comptroller (and Deputy) and Officers of that department take an Oath of Office before the Royal Court which provides, inter alia, that: “you will not disclose any information which may come to your knowledge in the performance of your duties, except to such persons only as shall act in execution of the

said laws and where it shall be necessary to disclose the same to them for the purposes of the said laws, or in so far as you may be required to disclose the same for the purposes or in the course of a prosecution for an offence against the said laws.”

https://www.jerseylaw.je/laws/revised/PDFs/16.330.pdf

202-03-

October 2016

Request

We require sight of all correspondence and recorded data between the Chief Minister's Office and UK Ministry of Justice, as per my full request contained in the attached PDF: CMO reply 5 July 16.

Response

Various articles under the Freedom of Information (Jersey) Law 2011 allow a scheduled public authority to refuse a request for information and in this instance, we believe that the following exemptions can be applied to your request:

Article 35 Formulation and development of policies Information is qualified exempt information if it relates to the formulation or development of any proposed policy by a public authority.

Article 41 International relations (1) Information is qualified exempt information if its disclosure would, or would be likely to, prejudice relations between Jersey and – (a) the United Kingdom; (b) a State other than Jersey; (c) an international organization; or (d) an international court.

(2) Information is qualified exempt information if its disclosure would, or would be likely to, prejudice – (a) any Jersey interests abroad; or (b) the promotion or protection by Jersey of any such interest.

(3) Information is also qualified exempt information if it is confidential information obtained from – (a) a State other than Jersey; (b) an international organization; or (c) an international court.

(4) In this Article, information obtained from a State, organization or court is confidential while – (a) the terms on which it was obtained require it to be held in confidence; or (b) the circumstances in which it was obtained make it reasonable for the State, organization or court to expect that it will be so held.

(5) In this Article – “international court” means an international court that is not an international organization and that was established – (a) by a resolution of an international organization of which the United Kingdom is a member; or (b) by an international agreement to which the United Kingdom was a party; “international organization” means an international organization whose members include any two or more States, or any organ of such an organization; “State” includes the government of a State and any organ of its government, and references to a State other than Jersey include references to a territory for whose external relations the United Kingdom is formally responsible.

Article 25 Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005. (2) Information is absolutely exempt information if – (a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and (b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

Article 26 Information supplied in confidence Information is absolutely exempt information if – (a) it was obtained by the scheduled public authority from another person (including another public authority); and (b) the disclosure of the information to the public by the scheduled public authority holding it would constitute a breach of confidence actionable by that or any other person.

Article 31 Advice by the Bailiff, Deputy Bailiff or a Law Officer Information is qualified exempt information if it is or relates to the provision of advice by the Bailiff, Deputy Bailiff or the Attorney General or the Solicitor General.

202-03-

September 2016

Request

Could you please provide any FOI accessible States email communications that contain the term within them.

Clarification Received

Take the dates from 2008 to date and any emails with the name within communications between the Council of Ministers over that time period.

Response

We have considered your request and regret that we cannot answer your questions on the basis that it exceeds the cost limit provisions set down by Article 16 of the Freedom of Information (Jersey) Law 2011 (the “Law”).

Under Article 16 of the Freedom of Information (Jersey) Law 2011, a scheduled public authority may refuse to supply information if the cost of doing so exceeds 12.5 hours. It is estimated that collecting the information requested falls outside this cost time limit and the request is refused.

202-03-

March 2016

Request

In accordance with the Freedom of Information (Jersey) Law 2011 on public authorities, I would be grateful if you could supply me with the following information in a question of two parts:

1. How many prisoners convicted of fraud have there been in the last five years. 2. How many of these prisoners received ROTL in the last five years.

Response

The authority is unable to provide a response to this request.

In accordance with the Freedom of Information (Jersey) Law 2011:

16 A scheduled public authority may refuse to supply information if cost excessive (3) Regulations may provide that, in such circumstances as the Regulations prescribe, if two or more requests for information are made to a scheduled public authority – (a) by one person; or (b) by different persons who appear to the scheduled public authority to be acting in concert or in pursuance of a campaign, the estimated cost of complying with any of the requests is to be taken to be the estimated total cost of complying with all of them.

This request is one of a number of similar requests relating to Release on Temporary Licence (ROTL). The Authority considers (on reasonable grounds) that the applicants are working in concert together in pursuance of a campaign.

The cost of complying with these requests (including those to which a response has already been provided) will collectively exceed the cost limit (in excess of 12.5 hours at £40 per hour).

Freedom of Information (Jersey) Law 2011

202-03-

June 2016

Request

I wish to view file: D/G/C3/2/1 which is held at Jersey Heritage archive (see link below) http://catalogue.jerseyheritage.org/collection/Details/archive/110281796?page=1&rank=12

I have noticed that I am unable to request the file without a FOI review from yourselves.

I was hoping if you could inform me of the process or direct me to the correct department, in which I could ask for a review to take place.

I wish to view the whole file, which includes historical documents. I look forward to your response and look forward to hearing from yourselves. Thank you in advance in taken the time to reply.

Clarification:

The description on the heritage catalogue is very brief. Although I can narrow down roughly what it is I wish to view.

I would like to view everything / whatever possible regarding these listed locations taken from the description

Noirmont Verclut Westmount Grouville and the accompanying photos

I hope that helps. If you could please reply to let me know if that has narrowed it down suitably I would be grateful.

Response

Permission has been given for the file in question to be opened for you to view.

Please see the attached release form signed by the owner of the requested file: Jersey Fire & Rescue Service – Emergency Planning.

Please contact the Jersey Archive directly to make arrangements to view the file:

Jersey Archive, Clarence Road, St Helier, Jersey JE2 4JY

Tel: +44 (0)1534 833135 Fax: +44 (0)1534 833101

Freedom of Information (Jersey) Law 2011

202-03-

November 2015

Request

has undertaken a full investigation into issues regarding criteria in respect of ‘ . It is known that during the investigation advice was sought ‘

in agreeing an appropriate way forward.’ An Action Plan has been shared with all involved and is now in progress, ‘The Action Plan cited is in place, and its implementation is being closely monitored.’ A request was made to the to be supplied with details of the 'Action Plan', what it seeks to address and how will its success or otherwise be measured. In addition, the was asked to ‘confirm that you are completely satisfied that there are no risks The refused to supply the information requested. This FOI application requests that I be provided with copies of all internal documents/records created as a result of the investigation into ’, documents/records containing the advice obtained

’. The applicant recognises that personal information is contained in the documents/records requested and that it is probable that it would be unlawful to provide that information. In that regard, the applicant requests that the personal information is redacted and the remainder of the content of the documents/records can then be provided under the Act.

Response

In relation to your request for information relating to a is not able to release the information requested for the following reasons.

PERSONAL INFORMATION

It is considered that the disclosure of the information requested would breach an individual’s data protection rights and place the Education, Sport and Culture Department (“ESC”) in breach of the Data Protection (Jersey) Law 2005 (the “Law”). It is considered that ESC would be in breach of the first Principle of Schedule 1 of the Law because none of the conditions for processing set out in Schedule 2 have been met. Condition 6 of Schedule 2 was considered, however it was considered that the disclosure of this information is unwarranted and would amount to prejudicing the legitimate interests of the data subject. The documents both identify and relate to an individual connected to a particular entity. It would not be sufficient to anonymise the information because it is our understanding and belief that you (the Applicant) have certain knowledge that would enable you to identify the individual concerned and the entity. Any further redaction to overcome this would render the information unreadable and irrelevant. Provision of information not relating to the individual would therefore be impossible.

COMMERCIAL INTEREST

The information requested also relates to an entity. It is our understanding that the business conducted by the entity is in the same competitive market as your business. The geographical proximity of the entities setting is a factor for us to consider. Both are functioning in a competitive environment. We consider that providing information like this, out of context, would likely harm the other entity in a disproportionate manner. There are no overriding public interest arguments in favour of disclosing this information.

202-03

August 2016

Request

To whom it may concern,

I would like to request information held at Highlands College relating to a job .

my case is being reviewed by who is liaising with .

Please can you provide the following information to support this request and case;

A Business case for job as business/ hospitality lecturer produced by in November 2015

B Business case for job as business hospitality lecturer produced by in May 2016

C Job description and person specification from talent link for role as business/hospitality lecturer advertised in May 2016

Please confirm receipt of this request. Thank you for your urgent assistance. Kind regards.

Response

A

Link to pdf: Staff Business Case – Business Lecturers 141215

B

Link to pdf: Staff Business Case – Business Lecturers 10-03-16

C

Link to pdf: Lecturer Business Hospitality JD

Ref: 202-03-

January 2016

Request

Please receive my request under the FOI law 2011 for all the notes pertaining to an investigation undertaken by in August and September 2015 in relation to . I request all investigative notes formalized and rough and all feedback notes formalized and rough.

Response

Investigations into specific members of staff will not be released as the information is exempt under Article 25 (Personal Information) of the Freedom of Information (Jersey) Law 2011, as the information constitutes third party personal data. Article 25 (2) provides that personal information is exempt if disclosure would contravene any of the data protection principles defined in the Data Protection (Jersey) Law 2005.

Individuals are able to request copies of their own personal data under the Data Protection (Jersey) Law 2005 by submitting a subject access request to the Information Governance Department, Health and Social Services.

Exemptions and/or refusals applied to this request:

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005. (2) Information is absolutely exempt information if – (a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and (b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

If you are dissatisfied with the handling of your FOI request, you may ask for an internal review. Internal review requests should be submitted within 20 working days of the date of this communication by contacting us in writing as follows: Email: [email protected] or write to: The Central FOI Unit PO Box 140 Cyril Le Marquand House St Helier Jersey JE4 8QT

Ref: 202-03-

February 2016

Request

Please provide the following information in relation to Claims of Medical Negligence and miss prescribed prescription drugs made against Minister of Health/Jersey Group of Hospitals/Health and Social Services. a How many claims of medical negligence, by year that have been made against the Minister of Health/Jersey Group of Hospitals/Health and Social Services since 2010 to 2015? b How many claims have been made for against the Minister of Health/Jersey Group of Hospitals/Health and Social Services since 2010 to 2015 fro the wrongful administering of prescription treatments, either in pill or IV form? c How many cases were resolved out of court? d How many cases went to trial? e How many cases were dropped? f What is the number and value of any medical negligence claims, by year, that has resulted from these claims? g What is the number and value of any wrongful administering of prescription treatments, either in pill or IV form claims, by year, that has resulted from these claims? h Has any medical professional, (that be doctor, nurse, consultant, or any other type of medical staff) in the employ of the Minister of Health/Jersey Group of Hospitals/Health and Social Services since 2010 to 2015 been disciplined (struck off/suspended or other) due to medical negligence and or wrongful administration of prescription drugs?

Response

2010 2011 2012 2013 2014 2015 a) Note 1 11 16 11 10 9 13 b) 0 0 0 0 1 0 c) 0 4 3 2 0 0 d) 0 0 0 0 0 0 e) 10 12 8 4 0 0 f) Note 2 * * * * * * g) n/a n/a n/a n/a n/a n/a h) no no no no no no

Note 1 – These figures relate to approaches from law firms or litigants in person investigating the possibility of a claim. Not all matters then lead on to a formal Letter of Claim Note 2 - Final values are not known on all claims so are not provided as would not reflect the true value

202-03

August 2016

Request

Please provide me with the number of codeine phosphate tablets used each month within Beauport ward, Jersey General Hospital over the last 4 years.

Response

The Health and Social Services Department neither confirms nor denies that it holds information falling within the description specified in your request. This should not be taken as an indication that the information you requested is or is not held by the department.

Exemptions and/or refusals applied to this request:

Article 10 Obligation of scheduled public authority to confirm or deny holding information

(1) Subject to paragraph (2), if –

(a) a person makes a request for information to a scheduled public authority; and

(b) the authority does not hold the information, it must inform the applicant accordingly.

(2) If a person makes a request for information to a scheduled public authority and –

(a) the information is absolutely exempt information or qualified exempt information; or

(b) if the authority does not hold the information, the information would be absolutely exempt information or qualified exempt information if it had held it, the authority may refuse to inform the applicant whether or not it holds the information if it is satisfied that, in all the circumstances of the case, it is in the public interest to do so.

(3) If a scheduled public authority so refuses –

(a) it shall be taken for the purpose of this Law to have refused to supply the information requested on the ground that it is absolutely exempt information; and

(b) it need not inform the applicant of the specific ground upon which it is refusing the request or, if the authority does not hold the information, the specific ground upon which it would have refused the request had it held the information.

If you are dissatisfied with the handling of your FOI request, you may ask for an internal review. Internal review requests should be submitted within 20 working days of the date of this communication by contacting us in writing as follows:

Email: [email protected] or write to:

The Central FOI Unit PO Box 140 Cyril Le Marquand House St Helier Jersey JE4 8QT

202-03-

September 2016

Request

Dear Sir or Madam:

I am looking for the details of the case cited in the BBC article below . I would like to understand the charges made against [ , the circumstances of the allegations, and the ultimate outcome of the case.

Thank you.

“Man faces fraud and gun charges. A local businessman from Jersey has been charged by police after an investigation by the Joint Financial Crimes Unit.

was charged with failing to produce documentation under the Island's fraud laws.

Following a search of the company's offices, ] was also charged with having a gun. He was due to appear before Jersey Magistrate’s Court.”

Response

This request is refused.

The Freedom of Information (Jersey) Law 2011 is not the route to provide details of 3rd party previous convictions.

The provision of 3rd party personal data is absolutely exempt under Article 25(2) of the Freedom of Information (Jersey) Law 2011, as is the provision of court information under Article 24 of the said law.

For your further information, prospective employers may request such information be provided by a potential employee from Disclosure Scotland or the Disclosure and Barring Service if the role applied for fits certain specified criteria.

Exemptions Applied:

Article 24: Court information

(1) Information is absolutely exempt information if it is held by a scheduled public authority only by virtue of being contained in a document –

(a) filed with, or otherwise placed in the custody of, a court; or

(b) served upon, or by, the scheduled public authority, in proceedings in a particular cause or matter.

(2) Information is absolutely exempt information if it is held by a scheduled public authority only by virtue of being contained in a document created by –

(a) a court; or

(b) a member of the administrative staff of a court, in proceedings in a particular cause or matter.

Article 25: Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.