North West Boroughs Healthcare NHS Trust (Health) [2020] UKICO fs50849398 (17 January 2020)
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North West Boroughs Healthcare NHS Trust
The complainant has requested information concerning the harm caused to individuals’ mental health by racism and the perception of racism. North West Boroughs Healthcare NHS Foundation Trust (‘the Trust’) considers it has addressed the request as far as it understands it and has released all the relevant information it holds. The Trust acknowledged that it had breached section 10 of the FOIA (time for compliance) but considered it had complied with its obligation under section 1 (general right of access). The complainant disagrees. The Commissioner’s decision is as follows: The Trust’s final interpretation of the request is reasonable interpretation. The Trust breached section 1(1)(a) of the FOIA as, in its final response and internal review, it did not clearly confirm to the complainant that it does not hold the specific information he requested on 20 October 2018. The Commissioner is satisfied, on the balance of probabilities, that the Trust does not hold the information specifically requested. The Trust’s response dated 29 January 2019 to the request of 20 October 2018 breached section 10(1) as it was provided outside the 20 working day limit and the Trust had not complied with section 1(1). The Trust complied with the time limit under section 17(5) regarding its refusal of the request when it was originally submitted on 18 September 2018. The Commissioner does not require the Trust to take any remedial steps . Information Tribunal appeal EA/2020/0075 under appeal.
FOI 17:
Complaint not upheld
FOI 10:
Complaint upheld
FOI 1:
Complaint upheld
Decision notice: fs50849398
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URL: http://www.bailii.org/uk/cases/UKICO/2020B/fs50849398.html
