Summary: The complainant made a request on 1 November 2009 to Blackpool, Fylde and Wyre Trust for the protocol for the management of upper GI laporoscopic procedures which was implemented as a result of an investigation by the Healthcare Commission into the death of his mother. The Trust had previously applied section 14(1) to a similar request from the complainant and therefore did not issue a refusal notice in relation to this request. The Trust informed the complainant that it would not enter into any further correspondence with him in relation to his complaint due to the Vexatious Complaint Status communicated to him in October 2008. The complainant had previously submitted the same request to the Trust in August and September of 2008, to which the Trust had responded. The complainant complained to the Commissioner about his 1 November request in December 2009. In reaching a decision in respect of this complaint, the Commissioner has also taken account of the reasoning and analysis of the same history and context he considered in a previous similar complaint from the complainant (reference FS50234985) in which he upheld the Trust-™s decision to apply section 14(1) to that request. The Commissioner has found that section 14(1) does also apply in this case and has therefore not upheld the complaint. Information Tribunal appeal number EA/2010/0202 has been disposed of by way of a consent order.
Section of Act/EIR & Finding: FOI 14 - Complaint Not upheld