Information Commissioner's Office

Summary: The complainant made a request to NHS London for a copy of a report into a serious untoward incident involving a patient of a specific NHS Trust. This report had been produced by the NHS Trust and provided to NHS London. NHS London confirmed that it held a copy of the report, but refused to disclose it as it was exempt under section 41. During the investigation of the case NHS London also sought to rely upon section 40. After investigating the case the Commissioner decided that some information in the report was exempt under section 41. In relation to the outstanding information which did not come under section 41, the Commissioner decided that section 40 did not apply. Therefore he believes that the outstanding information should be disclosed. The Commissioner also finds that NHS London failed to meet the requirements of sections 1, 10 and 17.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 40 - Complaint Upheld, FOI 41 - Complaint Partly Upheld