Information Commissioner's Office

Summary: The complainant made a request under the Freedom of Information Act 2000 (the -�Act-�) to the Priory Group (the -�Priory-�) for information relating to the total amount of funding that the NHS has paid to Dr Veale-�s Body Dysmorphic Disorder (BDD) treatment programme at the Priory Hospital from 2000 to the time of the request. In particular the complainant asked for the yearly breakdown and the cost per day and per night to the NHS for inpatient and outpatient care for BDD. The Priory failed to respond to the complainant as there was uncertainty as to whether it was a public authority for the purposes of the request. Upon the Commissioner-�s involvement the Priory accepted that it was in fact a public authority for the purposes of the request. The Priory therefore disclosed some of the requested information to the complainant. However the Priory withheld information relating to the cost to the NHS per day and per night for inpatient and outpatient care. The Priory asserted that this information was exempt from disclosure by virtue of section 43(2) of the Act as it would be likely to damage the commercial interests of the Priory. The Commissioner does not consider that this exemption has been correctly engaged in this case. Furthermore the Commissioner considers that the Priory breached section 1(1)(a), 1(1)(b), 10(1) and 17(1)(a),(b) and (c) in handling this request.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 43 - Complaint Upheld