Information Commissioner's Office

Liverpool Womens NHS Foundation Trust

19 February 2007, Health (NHS)

The complainant requested a copy of a medical report written by a Consultant regarding the care of his late mother. This report was written by the Consultant following a visit to her home in 1991. The public authority offered to provide the complainant with a copy of the report under the Access to Health Records Act 1990, on receipt of proof that he was the deceased person’s personal representative. The public authority went on to state that they would accept a copy of his birth certificate as proof. The public authority refused to disclose the information under the Freedom of Information Act 2000, and cited the exemption at section 21 of the Act. Having considered both parties submissions the Commissioner found that the public authority had been correct in claiming the section 21 exemption. However, the Commissioner also concluded that the public authority had not complied with section 17(1), as it had failed to issue a refusal notice within 20 working days.

FOI 21: Not upheld