Information Commissioner's Office

Maidstone and Tunbridge Wells NHS Trust

24 November 2008, Health (NHS)

The complainant made a request under the Freedom of Information Act 2000 (the “Act”) to the Maidstone & Tunbridge Wells NHS Trust (the “Trust”) for information relating to how many cases involving the Kent & Sussex Hospital were referred to the North West Kent Coroner’s office between April 2004 and September 2006 and the proportion of those cases that were actually found against the hospital. The Trust ultimately refused the complainant’s request as to provide the information would exceed the cost limit as set out by section 12 of the Act. Upon intervention by the Commissioner the Trust was able to provide some of the requested information up to the £450 cost limit. The Commissioner upheld the Trust’s refusal to provide any further information as it would exceed the cost limit as set out by section 12 of the Act. The Commissioner does however consider that the Trust failed under section 16(1) of the Act to provide the complainant with appropriate advice and assistance as to what information it would be able to provide to the complainant prior to the Commissioner’s intervention. Further more as the Trust did not state its reliance upon section 12 with the time limit, the Commissioner also considers that the Trust breached section 17(5) of the Act.

FOI 12: Not upheld FOI 16: Upheld FOI 17: Upheld