Review of Adult Mental Health Services (FOI)

Request

Independent Review of Adult Mental Health Services in Jersey - Executive Summary and Recommendations 2021.

The above report is available, as stated, in summary form. Is the full report available?

Response

Please see the Independent Review of Adult Mental Health Services in Jersey below. The report has been redacted for the purpose of applying exemptions.

Article 25 (Personal Information) of the Freedom of Information (Jersey) Law 2011 has been applied to protect the privacy of individuals and redactions based on this exemption can be seen in yellow.

Some of the information contained within the report relates to risk factors, that if disclosed may impact on patient safety. Therefore, Article 38 (Endangering the safety or health of individuals) of the Freedom of Information (Jersey) Law 2011 has been applied. Article 38 redactions are displayed in blue.

Adult Mental Health Services Review_Redacted.pdf

Article applied

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.

3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted. 

Article 38 - Endangering the safety or health of individuals

Information is qualified exempt information if its disclosure would, or would be likely to –

(a) endanger the safety of an individual; or

(b) endanger the physical or mental health of an individual.

Public Interest Test

Article 38 is a qualified exemption and as such we have conducted a public interest test as required by law. HCS has assessed whether, in all the circumstances of the case, the public interest in supplying the information is outweighed by the risk of harm to the physical health of individuals that would likely result by doing so. Having considered the public interest, HCS has concluded that the public interest in disclosing this information is outweighed by the potential harm that would likely result.