Gateshead Health NHS Foundation Trust (Health) [2023] UKICO 218871 (20 March 2023)


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Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Gateshead Health NHS Foundation Trust (Health) [2023] UKICO 218871 (20 March 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/218871.html
Cite as: [2023] UKICO 218871

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Gateshead Health NHS Foundation Trust

The complainant made a request for information regarding complaints about a named surgeon. Gateshead Health NHS Foundation Trust (the Trust) refused to confirm or deny whether it holds the requested information under section 40(5B)(a)(i) FOIA. The Commissioner considers that the Trust incorrectly applied section 40(5B)(a)(i) FOIA to refuse to confirm or deny whether the requested is held. The Commissioner requires the Trust to provide a response confirming or denying whether the requested information is held in compliance with section 1(1)(a) FOIA. If this information is held this should be disclosed in accordance with section 1(1)(b) FOIA or the Trust should explain the exemptions from disclosure being relied upon in accordance with its obligations under section 17 FOIA.

FOI 40: Complaint upheld

Decision notice: 218871

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URL: http://www.bailii.org/uk/cases/UKICO/2023/218871.html