Summary: The complainant requested copies of information provided to the Nursing and Midwifery Council (the NMC) by the Brighton and Sussex University Hospitals Trust (the Trust) in relation to a fitness to practice complaint she made in 2007. The NMC refused disclosure on the grounds of section 40(2) of the Act. The Commissioner has investigated and finds that the public authority was excluded from its duty to respond to the request under section 1(1)(a) of the Act by virtue of the provision of section 40(5)(b)(i). The public authority also failed to issue a valid refusal notice under section 17(1) of the Act. He does not require the NMC to take any remedial steps in relation to the request.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 40 - Complaint Not upheld