NHS England (Health) [2020] UKICO fs50843752 (8 January 2020)
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NHS England
The complainant has requested information from NHS England in the form of slide packs relating to a speech given in 2015 by Jeremy Hunt about proposals for an NHS seven day service. NHS England refused to provide the information explaining that it would be withheld under section 36 in line with extant Appeals concerning the slide packs, later stating that it did not hold the information. The Commissioner’s decision is that NHS England has failed to demonstrate that it does not hold the requested information and has therefore failed to comply with section 1 of the FOIA. Additionally, NHS England did not engage sufficiently with the complainant to establish what he was requesting before it stated that the information was not held. Therefore the Commissioner finds that NHS England breached its section 16 duty to provide advice and assistance. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Issue a fresh response to the complainant, which does not rely on the information not being held.
FOI 1:
Complaint upheld
FOI 16:
Complaint upheld
Decision notice: fs50843752
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50843752.html
