Information Commissioner's Office

Department of Health

3 April 2008, Central government

The complainant made a request under the Freedom of Information Act 2000 (the “Act”) to the Department of Health (the “DoH”) relating to a report published by the Standing Dental Advisory Committee in November 2003, entitled “Conscious Sedation in the Provision of Dental Care.” The complainant requested copies of all minutes and correspondence relating to meetings and conclusions reached whilst this report was being drafted. The DoH withheld this information and cited section 35, arguing that the information related to the formulation or development of government policy. After investigating the case the Commissioner decided that the information in question did not relate to the formulation or development of government policy, and therefore he does not believe that the exemption is engaged. However, he does believe that the withheld information contains some information that is exempt from disclosure under section 40(2). Therefore he believes that the information in question should be disclosed, with the above personal data redacted. The Commissioner also decided that the DoH had failed to meet the requirements of section 17 of the Act.

FOI 17: Upheld