Information Commissioner's Office

Summary: The complainant requested various pieces of information regarding communication with HM Treasury in relation to the 2002 Spending Review. Specifically, the complainant requested the Bid Letter from the Department of Health (the -�DoH-�), the Settlement Letter from HM Treasury, and the internal advice provided in relation to the Bid Letter. The DoH refused to disclose this information under sections 35(1)(a) and (b). During the investigation the Commissioner formed the view that some of the withheld information was -�statistical information-�. Therefore the DoH applied sections 36(2)(a)(i), 36(2)(b)(i) and (ii), and 36(2)(c) in relation to that information. After investigating the case the Commissioner upheld the DoH-�s use of sections 35(1)(a) and (b), 36(2)(a)(i), 36(2)(b)(i) and (ii), and 36(2)(c) in relation to some of the withheld information. However, he also found that in relation to some of the statistical information sections 36(2)(a)(i), 36(2)(b)(i) and (ii), and 36(2)(c) were not engaged. Therefore this information should be disclosed. Finally, the Commissioner also found that the DoH breached sections 10(1) and 17(1). Information Tribunal appeal EA/2010/0066 withdrawn.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 35 - Complaint Partly Upheld, FOI 36 - Complaint Partly Upheld