Information Commissioner's Office

Central and North West London NHS Foundation Trust

17 March 2008, Health (NHS)

The complainant made a request to the Trust under the Act for copies of staff witness statements. These statements had been made in regard to a serious untoward incident involving the complainant’s late husband. The Trust initially refused to disclose this information citing the exemptions listed at sections 40 and 41 of the Act. In later correspondence the Trust also cited section 30. During the course of the investigation the Trust confirmed to the Commissioner that it was relying upon sections 31, 36, 40 and 41. After considering the circumstances of the case the Commissioner decided that section 40 applied to the information in question. Therefore he has decided that the information should not be disclosed. As he has decided that section 40 applied, the Commissioner did not go on to consider the application of sections 31, 36 and 41. This decision is currently under appeal to the Information Tribunal.

FOI 40: Not upheld