Information Commissioner's Office

Department of Health

15 December 2008, Central government

The complainant requested copies of any documentation held by the Department of Health (the “DoH”) referring to the Director of Public Health at Norwich Primary Care Trust, and relating to Norfolk and Norwich Hospital, between specific dates. Although some information was disclosed, some was withheld under sections 36(2)(b)(i) and (ii), and 40. During the course of the investigation the DoH informed the Commissioner that it was also relying upon section 42 to withhold some of the information in question. After investigating the case the Commissioner decided that the withheld information was not exempt from disclosure under sections 36(2)(b)(i) and (ii). He also found that some of the information previously withheld under section 40(2) and 40(3)(a)(i) should be disclosed. However, he upheld the DoH’s use of section 40(2) and 40(3)(a)(i) in relation to some of the withheld information, and also found that this provided an exemption for some of the information the DoH had previously withheld under section 36. He also upheld the DoH’s use of section 42. Finally, the Commissioner also found that the DoH had not complied with the requirements of section 17(1)(b) and (c).

FOI 10: Upheld FOI 17: Upheld FOI 36: Upheld