Information Commissioner's Office

Department of Health

15 April 2008, Central government

The complainant requested a report from the public authority that it had prepared on the charging of overseas visitors for treatment received under the NHS. Initially the public authority refused to disclose any of the report. However, it subsequently decided to release the report but withheld the names of the NHS Trusts which provided information to assist in its preparation. These names were withheld under sections 36(2)(b)(ii) (inhibition of the free and frank exchange of views), 36(2)(c) (prejudice to the effective conduct of public affairs) and 41 (information provided in confidence).The Commissioner determined that none of the exemptions were applicable to the information and ordered it to be disclosed to the complainant. He also found that the public authority breached section 17(1)(b) and (c), as it did not state in its initial refusal notice that section 41 was applicable to the information requested and did not explain why it applied.

FOI 17: Upheld