Information Commissioner's Office

NHS East Midlands

5 February 2008, Health (NHS)

The complainant made a request under the Freedom of Information Act 2000 (the “Act”) to NHS East Midlands Strategic Health Authority (the “SHA”) for any documentation surrounding the decision of a Scrutiny Group which considered retrospective NHS funding for the long term care of her late husband. The SHA informed the complainant that the Scrutiny Group had reached its decision based on information provided by a representative of Charnwood and North West Leicestershire Primary Care Trust (the “PCT”) and the Clinical Assessor’s views, both of which had been disclosed to her at the meeting; and her late husband’s medical / care records, which it no longer held. Following this the complainant contacted the SHA again and informed it that the information she sought was the rationale for the decision of the Scrutiny Group, and referred to notes taken by members of the group during the meeting. The SHA informed her that it did not hold this information. After considering the information provided by both parties the Commissioner is satisfied that the SHA does not hold any further information in relation to the Scrutiny Group, other than that previously provided to the complainant. Therefore he has decided that the SHA complied with section 1 of the Act. However, the Commissioner has also decided that the SHA acted in breach of section 10 of the Act as it took longer that 20 working days to respond to the request. The Commissioner does not require the SHA to take any further steps.

FOI 1: Not upheld