Clinical Nurse Specialist Grade 6 role evaluation scores (FOI)

​​​​​Request

Please provide a copy of the Job Description for the Clinical Nurse specialist role, grade NM06.

​Response

As per the licensing agreements with the evaluation providers, the scoring sheets are exempt under Article 33 (Commercial Interests) of the Freedom of Information (Jersey) Law 2011. 

The job description for the Clinical Nurse specialist role, grade NM06 is attached.

Attachment - Job Description.pdf

​Article applied 

Article 33 - Commercial interests

Information is qualified exempt information if –

(a) it constitutes a trade secret; or

(b) its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information).

Public Interest Test 

Article 33 is a qualified exemption and as such, a prejudice test has been conducted as required by law. 

When responding to requests of this nature, the Government of Jersey has to balance the public interest with the impact that disclosing this information would, or would be likely to, have upon the organisation and / or third parties. 

​Whilst it may be in the public interest to understand the evaluation process, protecting the commercial interests of the Government of Jersey is an essential component in controlling public finances, which in itself is in the public interest.

It has been concluded that disclosing the requested information is likely to prejudice the commercial interests of the Government of Jersey and / or the provider. When considering the application of this exemption, it has been determined that whilst it is in the public interest to disclose information, this is outweighed by the necessity to limit any impact on the commercial interests of the Government of Jersey and third parties, and as such, Article 33 has been applied.​

Internal Review Request

​I am not satisfied with the handling of my request for information under the Freedom of InformationI Law, and I believe that the reason which has been given to deny me access to the information was incorrect.

I am requesting to review “the scoring sheets from a job evaluation".

​Please clarify on what grounds article 33 has been applied.

Internal Review Response

This review has been completed by two senior staff members of the Government of Jersey, independent of the original decision-making process. The original response has been reviewed and assessed to identify whether the exemption had been applied correctly.

In this instance, the Review Panel considered that the application of Article 33 was incorrect and concluded that Article 39 (Employment) of the Freedom of Information (Jersey) Law 2011 should have been applied in its place. 

The Review Panel accepted that the evaluation process is complex and depends on a good understanding of the scheme and an ability to be analytical and strictly objective. It requires detailed formal training, observation, and induction to operate effectively. As a result of this it is not appropriate to share the raw score of the evaluations and / or rationales, as to release them externally will compromise the wider evaluation system.

It should be noted that disclosure under Freedom of Information regulations is effectively an unlimited disclosure to the public at large, without conditions.

Accordingly, the original decision to withhold the information is upheld, with the acknowledgement that the reasoning as to why the requested information was not provided should have been more clearly defined and communicated.

​Article applied 

Article 39 -Employment

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice pay or conditions negotiations that are being held between a public authority and –

(a) an employee or prospective employee of the authority; or

(b) representatives of the employees of the authority.

Public Interest Test 

The Scheduled Public Authority (SPA) has withheld this information as it considered that to release it could prejudice ongoing evaluations which take place as part of the day-to-day management of employment conditions within the Government of Jersey. The SPA is also concerned that any future evaluations may be affected due to the release of information.

Article 39 is a qualified exemption, which means that a public interest test is required to be undertaken by the SPA. It is therefore necessary for the SPA to examine the circumstances of the case. Following assessment, the SPA must decide whether, on balance, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. 

Although there is a need for transparency, accountability, and good decision making by public authorities this information relates to negotiations between the Government of Jersey and its employees. On balance, it has been concluded that the public interest does not outweigh the potential prejudice of release.